GANESH KUMAR AND ORS. Vs. ELIZA KHATOON

JUDGEMENT

(1.) HEARD Mr. P.K. Kalita, the learned counsel appearing for the petitioners (plaintiffs). The counsel for the respondent (defendant) are absent.

(2.) THE T.S. No. 1136/2006 was filed under Section 6 of the Specific Relief Act, 1963 (hereinafter referred to as 'the 1963 Act'). In the suit, the petitioners pleaded that they own and possess a plot of land measuring 2 (two) katha and this land was originally under the occupation of one Anil Kr. Chatterjee, the khatiandar under the land owner Abdul Haque. The Rayati Khatian No. 1 was issued in the name of Anil Kr. Chatterjee.

(3.) SINCE the Hatigaon -Bhetapara PWD Road was then constructed by encroaching about 4 ft. of the plaintiffs' land, a three roomed roadside house was constructed, where one Sobodh Dey, a related brother of the petitioners was put in occupation and he managed a pan -shop and a tea stall in the 3 room roadside house.