RENUKA RABHA AND ORS. Vs. GOPAL CH. DEKA

JUDGEMENT

(1.) This second appeal has been preferred against the judgment dated 25- 05-2007 and decree dated 27-07-2007 respectively passed by the learned Civil Judge (Sr. Div.) No. 1, Kamrup, Guwahati in Title Appeal No. 78/2004 reversing the judgment and decree dated 19-08-2004 and 20-09-2004 respectively passed by the learned Civil Judge (Jr. Div.) No. 1, Kamrup, Guwahati in Title Suit No. 42/1986.

(2.) The plaintiff's case in brief is that the plaintiffs are the owners in possession in respect of a total area of land measuring 1B-2K-11L covered by Dag No. 211 of KP Patta No. 13 of Village- Jatia, Mouza- Beltola in the district of Kamrup, Assam. The plaintiffs have been possessing the said plot of land since the time of their ancestor and have also been paying the land revenue regularly.

(3.) The defendant contested the suit by filing his written statement. The defendant had taken a stand that one Saru Ram Rabha was a tenant in respect of the suit land under the plaintiffs. On 18-01-1960 the said Saru Ram Rabha handed over possession of the suit property to the defendant upon receipt of a sum of Rs. 500/- as advance. On 23-03-1979 Saru Ram Rabha sold the suit land to the defendant by executing 'katcha' (unregistered) sale deed for a consideration of Rs. 2000/-. Since then the defendant has been possessing the land by paying the municipal tax etc. The defendant has further averred that the plaintiffs, without any valid reason, had attempted to dispossess the defendant from the suit land as a result of which a proceeding under Section 107 of the Cr.P.C. had to be started. Again, the plaintiff had dug up a drain in front of the suit land with a view to obstruct the ingress and egress of the defendant to and from the suit land for which the defendant had to file another case which was registered as Misc. (J) Case No. 665/2005. It was at that stage, averred the defendant, the plaintiff had institute the suit with a view to harass him and accordingly the defendant had prayed for dismissal of the suit.