SUBHAS RABHA Vs. LUDHAN RABHA

JUDGEMENT

(1.) This is an Appeal under Sec. 100 of Code of Civil Procedure, 1908 (for short, 'the Code') challenging the judgment and decree dtd. 16/9/2022 passed in Title Appeal No.43/2018 whereby the learned First Appellate Court, i.e. the Court of Civil Judge Kamrup (Amingaon) had dismissed the Appeal thereby affirming the judgment and decree dtd. 13/3/2018 passed in Title Suit No.73/2015 by the learned Munsiff, Kamrup (Amingaon).

(2.) The instant Appeal is being taken up at the stage of Order XLI Rule 11 of the Code to ascertain as to whether any substantial question of law can at all be formulated in terms with Sec. 100(4) of the Code. For the purpose of the above, this Court finds it relevant to take note of brief facts which lead to the finding of the instant Appeal.

(3.) One Duma Rabha (since deceased) was the owner and possessor of a plot of land measuring 4 bighas 1 katha 5 lechas covered by Dag No. 213 and 6 bighas 3 kathas 15 lechas covered by Dag No. 214 of K.P No. 60 of Village-Joypur under Luki Mouza in the district of Kamrup. The said Late Duma Rabha had three sons, i.e. Kuntha Rabha, Chana Rabha and Gopal Rabha. Kuntha Rabha had two sons, Mona Rabha and Dona Rabha. Dona Rabha expired unmarried at an early age. Dona Rabha inherited the share of his father, i.e. Kuntha Rabha. The plaintiff is the legal heir of Chana Rabha and he inherited the share of his father. Pabitra Rabha, i.e. the proforma defendant No.3 was the son of Late Gopal Rabha and he inherited the property of his father. In terms with the division amongst the legal heirs of the three sons of Late Duma Rabha, the plaintiff was entitled to 1/3rd and therefore his share was 1 bigha 2 kathas 1 lecha covered by Dag No.213 and 2 bighas 1 katha 5 lechas covered by Dag No.214 totalling to 3 bighas 3 kathas 6 lechas which were both included in patta No.16. It was the case of the plaintiff that though the property left behind by Late Duma Rabha was not perfectly partitioned, but the legal heirs of the sons of Late Duma Rabha cultivated in their respective shares of the properties. The said share of the plaintiff was specifically described in Schedule-A to the plaint. It is the further case of the plaintiff that the defendant met the plaintiff and requested to allow him to cultivate in the suit land on adhi basis taking into account that the plaintiff used to reside at that point of time in Rangjuli. It is the further case of the plaintiff that for the first 3/4 years, the defendants duly gave the paddy crops to the plaintiff but the same became irregular since 2010. It is also stated in the plaint that in the year 2015 when the plaintiff came over for the purpose of updating the NRC data, he was shocked to learn that the name of the defendant had been mutated in the concerned Jamabandi as a share holder in place of the plaintiff on the basis of an order dtd. 11/4/1990 passed by the Circle Officer, Boko. It is under such circumstances taking into account the action of the defendant the suit was filed for declaration of the plaintiff's right, title and interest over the Schedule-A land; for recovery of khas possession of the land from the defendant as well as for permanent injunction etc.