JONA DAS Vs. MEENA BORA

JUDGEMENT

(1.) Heard Mr. G.P. Bhowmik, learned Senior Counsel for the appellants. Also heard Ms. P. Bhattacharjee, learned counsel appearing for the respondents.

(2.) This appeal by the defendants is preferred against the judgment and decree dated 07.04.2003 passed by the learned Civil Judge (Sr. Divn.), Lakhimpur in Title Appeal No.4/2002 allowing the appeal preferred against the judgment and decree dated 06.09.2002 passed by the learned Civil Judge (Jr. Divn.) No.1, North Lakhimpur in Title Suit No.14/1998.

(3.) The plaintiff No.1 claimed to have purchased 1 Katha 15 Lecha land in Dag Nos.1742 and 1743 of Periodic Patta No.59 of Ward No.4 in Bihpuria Town from Mahim Chandra Das, who was the predecessor-in-interest of defendant Nos.1 to 4 and a near relative of defendant No.5. Another plot of land measuring 15 Lecha in the aforesaid Dag and Patta was purchased from the husband of pro forma defendant No.8 and thus, total land of the plaintiffs in Dag Nos.1742 and 1743 came to be 2 Katha 10 Lecha. Over and above the said land, the plaintiff also purchased 1 Bigha land from pro forma Defendant No.22 in Dag No.466 of Periodic Patta No.78 of Ward No.1 of Bihpuria Town. Suit was filed alleging illegal occupation by the principal defendants, numbering 5 along with some 8 number of persons, in 'Ka' and 'Kha' Schedule. Plaintiffs prayed for right, title and interest and khas possession in respect of 'Ka' and 'Kha' Schedule. 'Ka' Schedule is in Dag No.466 and measures 17 Lecha 19'; 'Kha' Schedule is in Dag Nos.1742 and 1743 and measures 15 Lecha 18'. Total land which was encroached, thus, came to be 1 Katha 12 Lecha and 47'.