DWARAKA PRASAD AGARWALLA Vs. NIL KAMAL BEZBARUA

JUDGEMENT

(1.) This Second Appeal has been preferred against the judgment dated 23.08.2001 and decree dated 31.08.2001 passed by the learned District Judge, Jorhat in Title Appeal No.2/2001 allowing the appeal by reversing the judgment dated 04.12.2000 and decree dated 21.12.2000 passed by the learned Civil Judge (Senior Division), Jorhat in Title Suit No.67/1987 decreeing the suit of the appellant/plaintiff.

(2.) The Second Appeal had been admitted to be heard on the following substantial question of law :-

(3.) The appellant/plaintiff had preferred the suit being Title Suit No.67/1987 in the Court of learned Civil Judge (Senior Division), Jorhat, inter alia, praying for a decree declaring absolute, unfettered and exclusive right of the suit land to enjoy the same without any interference by virtue of his interest in it; a decree for permanent injunction and for other consequential reliefs. The case of the plaintiff/appellant, in brief, is that the plaintiff had purchased a plot of land measuring 1 Bigha 3 Kathas 12 Lechas covered by Dag No.750 of PP No.118 of Charaibahi mouza, No.1 Chaudang Gaon in the district of Jorhat, Assam which is the Schedule-A land. The said land was purchased by the plaintiff/appellant from one Maya Lingdoh by a registered deed of sale executed on 08.04.1987 on the basis of which the possession of the land was handed over to the plaintiff. The land in Schedule A originally belonged to Derrila Lingdoh who resided therein since the year 1935. After her death the said plot of land was jointly inherited by Maya Lingdoh and Idoriah Lingdoh, both nieces of Derrila Lingdoh. The strip of land measuring 18 ft. X 66 ft. running from Gar-Ali to the Schedule-A land had been used as a pathway originally by Derrila Lingdoh as the same was the only way for ingress and egress to the Schedule-A land. After the purchase of the said land by the plaintiff/appellant by means of the registered sale deed the plaintiff had also started using the Schedule-B strip of land as a pathway for ingress and egress to his Schedule-A land to which the defendant created obstruction that had lead to the filing of the title suit. Therefore, the entitlement of the right of way of the plaintiff over the Schedule-B land is the subject matter of the present suit.