KHALIK AHMED Vs. TOHSIN ALI AND ORS.

JUDGEMENT

(1.) Heard Mr. B.R. Dey, learned Sr. counsel appearing for the appellant.

(2.) This second appeal has been filed challenging the judgment and decree dated 26-09-2014 passed by the learned District Judge, Nagaon in Title Appeal No. 09/2012 affirming the judgment and decree dated 10-09-2012 passed by the learned Trial Court in Title Suit No. 44/2009 decreeing the suit filed by the respondent/ plaintiff.

(3.) The brief factual background of this case is that the plaintiff is the exclusive owner of a plot of land measuring 3K-12L covered by Dag Nos. 318, 320 and 458 of Periodic Patta No. 103 of Puronigudam town kissam, Chalchali Mouza in the district of Nagaon together with houses and other structures standing thereupon, which has been described in the schedule to the plaint. It is the case of the plaintiff isthat the defendant is a distant relative of his and on being approached by the defendant with a request to allow him to stay in the suit land, the plaintiff had accepted such request on humanitarian ground having regard to the helpless condition of the defendant as well as in view of the fact that the defendant had to stay away from the suit property in connection with his service. The defendant, however, assured the plaintiff that he would vacate the suit land as and when required by the plaintiff. On such condition the defendant started living there by constructing houses over it as a permissive occupier under the plaintiff. In the early part of 2008, the plaintiff had returned back to his hometown and asked the defendant to vacate the suit land. Initially the defendant had agreed to vacate the same on or before 31-12-2008 but subsequently, he did not comply with the said assurance given to the plaintiff.