TARUN CHANDRA BAISHYA Vs. RAMESH BAISHYA

JUDGEMENT

(1.) Plaintiff, as appellant, has preferred this second appeal challenging concurrent findings of the learned courts below whereby the suit of the plaintiff was dismissed and appeal there-against also failed.

(2.) Plaintiff, Tarun Ch. Baishya instituted Title Suit No. 173/2001 in the Court of learned Civil Judge (Jr. Divn.) No. 2 at Guwahati stating that he had purchased a plot of land measuring 1 Katha 17 Lechas under Dag No. 295 of K.P. Patta No. 47 covered by Mouza Pub Bongsar in the district of Kamrup by registered sale deed. He also obtained mutation on 01.02.1990. According to the plaintiff, schedule B land measuring 8 Lechas being adjacent to the schedule A purchased land, he occupied the same uninterruptedly and in consideration of this, the revenue authority included 8 Lechas of land belonging to Government inside his Dag by order dated 22.07.1993 passed by the ADC, Kamrup, leading to correction of the records of rights. Accordingly, schedule B land measuring 8 Lechas has been owned and possessed by him. It is the case of the plaintiff that while revenue record indicates his possession over the land, the sole defendant forcibly entered into it on 10.04.1999 and dispossessed the plaintiff forcefully. Plaintiff approached Hajo Police Station for redressal of his grievance but police did not take any action for which filing of the suit became necessary. Plaintiff claimed a decree for declaration of his right, title and interest over the schedule B land and delivery of khas possession by evicting the defendant and demolishing the structure made by him.

(3.) Defendant appeared and submitted written statement challenging the claim made by the plaintiff. According to him, he has been in possession of the land for long period and that plaintiff never possessed the same. Upon pleadings of the parties, the learned Trial court framed as many as 5 (five) issues and the same are quoted below:-