HARI PRASAD DOWERAH Vs. TATA TEA LIMITED

JUDGEMENT

(1.) Heard Mr. P.J. Saikia, learned senior counsel assisted by Mr. R.S. Mishra, Advocate, appearing on behalf of the petitioner and Mr. N.C. Das, learned senior counsel assisted by Ms. M. Devi, learned counsel appearing on behalf of the respondents.

(2.) This application under Article 227 of the Constitution of India is filed by the petitioner challenging the order dtd. 25/8/2022, passed by the learned Executing Court, i.e. the Court of learned Munsiff at Naharkatia, Assam, in Title Execution Case No. 5/2019, whereby the application filed by the petitioner was rejected.

(3.) From a perusal of the materials on record, it reveals that the decree holders, as plaintiffs, had instituted a suit, being Title Suit No. 23/1975, against one Tankeswar Dowerah for recovery of khas possession of a premises which have been described in the Schedule to the plaint of the said suit. The said suit was decreed on 19/8/1994. It is relevant to mention that during pendency of the said suit, the defendant Tankeswar Dowerah expired and he was substituted by his wife, namely, Maichana Dowerah. Thereupon the said Maichana Dowerah, being aggrieved with the judgment and decree dtd. 19/8/1994 passed in the said Title Suit No. 23/1975, preferred an appeal before the First Appellate Court, which was registered and numbered as Title Appeal No. 15/1994. The said appeal was dismissed by a judgment and decree dtd. 31/5/1995. Thereupon a Second Appeal, being RSA No. 128/1995, was filed before this Court in the year 1995 and the same was dismissed on 31/10/2000. Upon dismissal of the second appeal, an Execution Application was filed on 16/6/2011, which was registered as Title Execution Case No. 11/2011. It is relevant to mention that while dismissing the Second Appeal, this Court categorically directed the appellant therein to vacate the decreetal property within a period of six months.