MAHIBUDDIN AHMED BORA Vs. DANDIRAM KOCH AND ANR.

JUDGEMENT

(1.) THIS is Plaintiffs appeal arising out of a suit for declaration of his right, title and Khas possession over the land mentioned in Schedule A attached to the Plaintiff, for eviction of the Defendants by demolition of the houses in basti land shown in Schedule B and for mesne profits and compensation shown in Schedule C.

(2.) THE Plaintiff's case is that he purchased by a registered sale deed the land shown in schedule A along with some other lands from Defendant No. 1. who was the owner and pattadar of the same, for Rs. 8,700/ - on the 27th March 1951. Out of the sale consideration of Rs. 8,700/ -, Rs. 6,000/ - was paid in cash and for Rs. 3,700/ - the Plaintiff executed a promissory note in favour of the Defendant No. 1. Plaintiff's case is that his name was mutated after the sale, he remained in possession and the Defendant No. 1 assured the Plaintiff that he would soon remove his houses standing on the basti land. Plaintiff then wanted to cultivate a portion and gave the rest of the Rupit land measuring about 2K. 11L. out of lands shown in Schedule A to some raiyats on Adhi system. But Defendant No. 2 at the instance of Defendant No. 1 forcibly drove them away and both of them have all along wrongfully continued in possession of the entire Rupit land. On these facts the Plaintiff brought the suit for the reliefs which I have already mentioned.

(3.) IT is significant to note that the Defendant in his own notice selected the last date when the agreement was going to expire, for the Plaintiff to come to the Bar Association, Jorhat and execute the sale deed.