SULACHANA RATH SARMA Vs. BIBEKANANDA SARMA

JUDGEMENT

(1.) HEARD Mr. I. H. Saikia, learned counsel for the appellants. Also heard Mr. B. K. Purkayastha, learned counsel representing the respondents.

(2.) THIS Second Appeal has been preferred against the concurrent judgment and decree dated 08.05.2003 passed by the learned Civil Judge (Senior Division) No.2, Cachar, Silchar in Title Appeal No.26/2000 affirming the judgment and decree dated 31.03.2000 passed by the learned Civil Judge (Junior Division) No.2, Silchar in Title Suit No.100/1995 decreeing the suit filed by the plaintiff.

(3.) THE plaintiff's case, as projected in the plaint, in brief, is that he has been in occupation of the land measuring 5 kathas described in Schedule -I of the plaint since the year 1949 as an occupancy tenant under Ghanashyam Dubey. Subsequently, by a registered deed of sale dated 29.07.1988 the plaintiff purchased the 'malikana' right in respect of the First Schedule land from Ghanashyam Dubey. It is the case of the plaintiff that defendant No.1, who is the brother -in -law of the plaintiff, had approached him in a very poor condition seeking shelter. Being sympathetic to such approach of the defendant Sadananda Rath Sarma (since deceased) the plaintiff had allowed him to occupy the land and house standing over Schedule -II of the suit land on condition of vacating the same as and when it was demanded by the plaintiff.