SHEFALI RANI DEB Vs. STATE OF ASSAM

JUDGEMENT

(1.) This is an Appeal under Order XLIII Rule 1 (t) read with Sec. 104 of the Code of Civil Procedure, 1908 (for short, 'the Code') challenging the order dtd. 17/1/2017 passed by the learned Additional District Judge, Cachar at Silchar in Misc. Case No.8/2015 arising out of Title Appeal No.09/1996 wherein the application filed by the appellant herein was rejected.

(2.) It appears from the records that a suit was filed by the Appellant herein before the Court of the Assistant District Judge No.1 at Silchar being Title Suit No.68/1991 seeking declaration of her right, title and interest in respect to the land described in Schedule-I to the plaint and confirmation of possession. In additional to that, the Appellant had also sought for declaration that the order in Land Ceiling Case No.2/1971-72 of the Court of the Collector, Cachar (Land Ceiling Branch) was not binding upon the plaintiff/Appellant herein in respect to the land described in Schedule-I and Schedule-II to the plaint and for permanent injunction restraining the defendants from taking over the possession of the land described in the Schedules and from disturbing the peaceful possession of the plaintiff/Appellant herein or allotting the same to any other person. The suit was duly contested by the defendants by filing written statement.

(3.) The learned Trial Court vide the judgment and decree dtd. 29/2/1996, decreed the suit in favour of the plaintiff, i.e. the appellant herein thereby declaring the plaintiff's right, title and interest in respect to the suit land and also confirming the possession of the suit land in favour of the plaintiff. Further to that, the defendants were permanently restrained from taking over the possession of the suit land from the plaintiff with the force of any orders passed in the Land Ceiling Proceedings.