KUMUD GOGOI Vs. LILA KANTA BORGOHAIN @ LILA BORGOHAIN

JUDGEMENT

(1.) Heard Mr. G.N. Sahewalla, learned Sr. counsel appearing for the appellant. Also heard Mr. S. Ali, learned counsel representing the respondents.

(2.) This second appeal has been preferred against the judgment and decree of reversal passed by the learned Civil Judge No. 1, Dibrugarh in Title Appeal No. 21/2007 allowing the appeal filed by the plaintiffs/ respondents thereby setting aside the judgment and decree dated 14-05-2007 and 17-05-2007 respectively passed by the learned Munsiff No. 1, Dibrugarh in Title Suit No. 103/2005.

(3.) The plaintiff's case in brief is that he is the absolute owner in possession having marketable right, title and interest in respect of a plot of land measuring 1K-10L covered by Dag No. 29 of Periodic Patta No. 41 under Moran Nagar, Mouza- Moran, Dibrugarh, more fully described in the schedule to the plaint. The said plot of land had been purchased by him from his brother viz. Trailakya Borgohain by means of a registered deed of sale bearing No. 2255 dated 18-07- 1989 pursuant whereto he was put in possession in respect of the said plot of land. Since the purchase of the land the plaintiff had been enjoying peaceful possession in respect of the said plot of land. However, when the plaintiff was undergoing medical treatment in connection with his ailment and was away from Dibrugarh, on 24-07-2005, the defendant had trespassed into his land and thereafter, collected some bricks and construction materials for the purpose of making construction. When the protest was raised against such illegal encroachment, the defendant threatened the plaintiff with dire consequences, as a result of which the plaintiff was compelled to file the instant suit praying for a decree declaring his right, title and interest over the suit land and also for recovery of khas possession.