PARESH CH. NATH Vs. KHARGESWAR BAISHNAB

JUDGEMENT

(1.) Heard learned counsel for the appellant.

(2.) This Second Appeal has been preferred on behalf of the plaintiff in Title Suit No.11 of 2008. Both the Courts below concurrently held that plaintiff could not prove his right, title and interest over the suit land and consequently, trial Court dismissed the suit which was confirmed by the learned First Appellate Court.

(3.) Paresh Chandra Nath as plaintiff instituted Title Suit No. 11 of 2008 in the Court of learned Munsiff No.1 at Kokrajhar stating that his father owned 1 Bigha 4 Kathas 6 Lechas land under Dag No.4 & 5 of Khatian No.4 (old) in village Totpara under Kokrajhar Revenue Circle. After death of his father, plaintiff continued possessing the same. However, subsequently he had to shift from the plot of land to some other place in view of erosion by river. The Plaintiff's father died in the year 1979 and thereafter, name of the plaintiff was mutated in respect of 1 Bigha 3 Kathas 9 Lechas of land under the aforesaid Dag and Patta by way of inheritance. He also obtained possession certificate on 05.10.2005 from the Revenue Authority. According to the plaintiff, defendants dispossessed him on 08.01.2008 from the suit land measuring more or less 2 Kathas within the Schedule A of the plaint. The plaintiff protested, however, to no avail. It is also stated that in the year 2004 a similar attempt was made by the defendants but the same was foiled by the plaintiff. The Defendants do not have any right, title and interest in the land and it is the plaintiff who is entitled to declaration as to his right, title, interest and recovery of possession by demolishing house structure, fencing etc erected by the defendants from Schedule-A land.