KALI RAM DEKA Vs. UDAY DEKA

JUDGEMENT

(1.) PLAINTIFF of Title Suit No. 14 of 1999 is the appellant in this second appeal challenging concurrent findings of the Courts below.

(2.) KALIRAM Deka, predecessor of the present appellant as plaintiff instituted Title Suit No. 14 of 1999 in the Court of learned Civil Judge (Senior Division) at Nalbari against as many as 51 Principal Defendants and one Madan Sarma as Proforma Defendant praying for preliminary decree for partition in his favour and also for recovery of khas possession if the plaintiff is not found in possession during pendency of the suit. The case of the plaintiff is that he is in possession of 1 bigha 3 kathas 11 lechas described in Schedule - Ka of the plaint on assertion of the claim of title. He purchased this plot of land measuring 2 kathas 5 lechas of Dag No. 1096 under Kha schedule land by Registered Sale Deed No. 65/1996 on 08.01.1996 from the Proforma Defendant No. 52 (Madan Sarma). He also purchased another plot of land measuring 2 kathas 5 lechas under Dag No. 1067 and equal amount of land in Dag No. 1094 from defendants No. 39 & 40 (Jagendra Kalita and Pramod Kalita) by Registered Sale Deed No. 66 of 1996 on 08.01.1996 and subsequently thereafter on 02.03.1996 he purchased 1 katha 16 lechas of land in Dag No. 1095 from Madan Sharma, the Proforma Defendant No. 52. The plaintiff claimed to have come into possession of the purchased land immediately on purchase and was possessing the same on assertion of his bonafide right, title and interest but on 27.08.1996 defendants No. 1 to 9 attempted to dispossess the plaintiff from the suit land, however, abortively for which he approached the jurisdictional Executive Magistrate vide Case No. 188m/96 taking recourse to the provision of Section 145/146 of the Code of Criminal Procedure. Aggrieved by the order passed by Executive Magistrate, the plaintiff approached the learned trial Court and filed a suit for partition of his land on the basis of the purchase as referred to above.

(3.) UPON such pleadings of the parties, the learned trial Court framed as many as 7 issues which are quoted below: