NAGEN SINGHA Vs. STATE OF ASSAM AND ORS.

JUDGEMENT

(1.) Heard Mr. B. Banerjee, learned Sr. counsel for the appellant. Also heard Mr. G. Sarma, learned Govt. Advocate appearing for the respondent No. 1, 2, 3 and 4.

(2.) This second appeal has been preferred against the concurrent judgment and decree dated 22-10-2014 passed by the learned Civil Judge, Goalpara in Title Appeal No. 07/2012 thereby upholding the judgment and decree dated 08-05-2015 passed in Title Suit No. 11/2009 by the Munsiff No. 1, Goalpara, dismissing the suit filed by the plaintiff.

(3.) The case of the plaintiff, as projected in the plaint, is that late Khargeswar Singha, i.e. predecessor-in-interest of the plaintiff and the defendant No. 5, 6, 7 as well as proforma defendant No. 8 left behind his wife Dharmalata Singha and five sons as his legal heirs. Late Khargeswar Singha at the time of his death, was the owner of cultivable land measuring 30 bighas and homestead land measuring 7B-1K-13L. The suit land measuring 15 lechas covered by Dag No. 276/123 of Patta No. 46/16 is a part of the land left behind by Khargeswar Singha. The plaintiff's case is that in the year 1980 the legal heirs of Khargeswar Singha, i.e. his widow Dharmalata Singha and five sons namely, viz. the plaintiff, defendant No. 5, 6 and 7 and proforma defendant No. 8 decided to amicably partition the landed property left behind by their father on the basis of a family settlement in terms of which Dharmalata Singha got land measuring 3 bighas out of the cultivable land as well as the 15 lechas of land covered by Dag No. 276/123 of Patta No. 46/16, which is the suit land. During her old age she used to live with the plaintiff, who looked after her with great care. After the death of Dharmalata Singha the plaintiff had also performed her cremation and other rituals. Having regard to the care taken by the plaintiff, his mother Dharmalata Singha, during her life time, had made an oral gift in respect of the suit land in favour of the plaintiff in presence of other legal heirs of Khargeswar Singha. Accordingly the suit land was allowed to be recorded in the name of the plaintiff during the settlement operation in the year 1991 and on 27-07-2014 a "katcha patta" was issued in the name of the plaintiff. The plaintiff stated that since 1980 he has been in continuous possession of the suit land and in the year 1991, he constructed four rooms over the suit land. In the year 2008, the defendant No. 5, 6 and 7 had submitted an application before the defendant No. 4 i.e. the Asstt. Settlement Officer, Matia Circle and the defendant No. 4 without following any procedure had illegally passed order dated 11-06-2008 and mutated the names of all legal heirs of Khargeswar over the suit land besides cancelling the "katcha patta". The plaintiff had averred that being emboldened by the order dated 11-06-2008, the defendant No. 5, 6 and 7 were making preparations to dispossess the plaintiff from the suit land. As such the plaintiff had filed the Title Suit No. 11/2009 for cancellation of the order dated 11-06-2008; for declaration that the "katcha patta" issued in the name of the plaintiff was valid; for a direction to mutate the name of the plaintiff over the suit land as well as for declaration of the right, title and interest of the plaintiff in respect of the suit land.