SARUKAN DEKA RAJA Vs. TIHADOI LALUNGONI @ PATAR

JUDGEMENT

(1.) BY filing this second appeal defendant has challenged the concurrent findings of the learned court below whereby plaintiff's suit was partly decreed to the extent of 1 Bigha 4 1/2 Lechas under PP No. 63 and Dag No. 127 of Batadrawa Mouza in the district of Nagaon. This 1 Bigha 4 1/2 Lechas of land constituted one -fourth of the suit land measuring 4 Bighas 17 Lechas of the aforesaid Dag and Patta.

(2.) TIHADOI Lalungoni, as plaintiff, instituted Title Suit No. 83/1998 in the court of learned Civil Judge (Jr. Divn.) No.2, Nagaon stating that land measuring 4 Bighas 17 Lechas covered by Dag No. 127 of PP No. 63 under Batadrawa Mouza in the district of Nagaon was originally owned by one Badak Lalung, her grandfather. The land was covered by K.P. No. 56 and Dag No. 208 at that time but during settlement operation in the year 1968 -69 the land was resurveyed into K.P. No. 14 and Dag No. 204. In the mean time Badak Lalung had died and his only son Kalia Lalung had inherited the whole plot of 4 Bighas 17 Lechas of land. This land was thereafter resurveyed in P.P. No. 63 and Dag No. 127. Kalia Lalung died in the year 1998 leaving behind his widow Ferferi Lalungoni and four daughters, namely, Dilmai Lalungoni, Silmai Lalungoni, Sonmai Lalungoni and Tihadoi Lalungoni. After death of Kalia Lalung, the land was amicably partitioned among all his legal heirs and the plaintiff claimed to have got a separate share measuring 1 Bigha 4 1/2 Lechas as their mother Ferferi had also died in the mean time. It is the further case of the plaintiff that after her marriage she went to live with her husband in the district of Karbi Anglong in the year 1993 but when she came in 1997 she found that the defendant Sarukan Deka Raja was in possession of the land and he refused to part with it when he was so requested by the plaintiff on 15.07.1997. Moreover, he got his name mutated in the records of right in the mean time. Situated thus, plaintiff instituted the suit praying for declaration of her right, title and interest over 4 Bighas 17 Lechas of land and also for eviction of the principal defendant.

(3.) UPON such rival pleadings of the parties, the learned Trial court framed as many as 9 (nine) issues. These issues are given below: