ANIL BANDHU BHATTACHARJEE Vs. NIMAI CHANDRA BHATTACHARJEE

JUDGEMENT

(1.) The instant appeal has been preferred under Sec. 100 of the Code of Civil Procedure against a judgment and decree dtd. 24/6/2019 passed by the learned Civil Judge, Dhubri in Title Appeal No. 06/2004, whereby the judgment and decree dtd. 24/12/2003 of the learned Civil Judge (Junior Division) No. 1, Dhubri in Title Suit No. 27/1998 has been partly affirmed. The appellant was one of the plaintiffs in the said suit.

(2.) Before going to the issue which requires a determination towards answering the substantial questions of law formulated by this Court on 11/3/2020, it would be convenient if the basic facts of the case are narrated in brief. It is to be clarified that while the suit was instituted by 3 nos. of plaintiffs, the present appeal is preferred by the plaintiff no. 3 as appellant. The other two plaintiffs had passed away in the meantime and though their legal heirs were initially made pro-forma respondents, subsequently vide an order of this Court dtd. 17/2/2021, their names have been struck off. Likewise, in the suit there was only one defendant and on his demise, his legal heirs have been made respondents. Therefore, in this judgment the reference would be as appellant and respondents.

(3.) The appellant, as one of the plaintiffs had instituted the aforesaid Title Suit No. 27/1998 for a declaration of right, title and interest and recovery of khas possession. As per the projection made in the plaint, the plaintiffs were the owners of a plot of land covered by Dag No. 361, Khatian No. 283 of Village - Mancachar, which was the Schedule-A land. Within the said Schedule- A land, the suit land is an area of 30 feet x 50 feet which was the Schedule-B land. It was contended that the defendant (the predecessor-in-interest of respondents) had encroached upon the Schedule-B land and accordingly the suit was instituted.