RASBEHARI SINGHA AND ORS. Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. T. Goswami, learned counsel for the appellant. None appears for the respondents. This appeal is presented against a judgment and decree dated 05.07.2004 passed by the learned Civil Judge (Sr. Divn.) No. 1, Silchar, in Title Appeal No. 36/2002 allowing the appeal and setting aside the judgment and decree dated 14.06.2002 passed by the learned Civil Judge (Jr. Divn.) No. 1, Silchar, in Title Suit No. 8/1996.

(2.) The case of the plaintiff, briefly put, is that the District Administration of Cachar was pressurized by the local people for establishment of a hat/bazar (market) and due to such pressure, the Block Development Officer, Lakhipur Development Block, representing the District Administration, approached the plaintiff to donate the suit land measuring 1 Bigha in Dag No. 381 of 2nd R.S. Patta No. 121 of Mouza -Sibpur Part -I for the benefit of the people of the locality. To honour the sentiment of the local people and to cater to the need of the local people, the plaintiff decided to gift the suit land for the specific purpose of establishment of a market on condition that if the land was not utilized for the said purpose, the land will be re -conveyed to the plaintiff. Accordingly, a Gift Deed was executed by the plaintiff in favour of the Government of Assam, through the Deputy Commissioner, Silchar, which was registered on 02.02.1984, containing a recital that on failure to establish the market, the land will be re -conveyed to the plaintiff. The Block Development Officer, Lakhipur Development Block accepted the Gift Deed. Though initially the defendants showed some interest to establish a market, subsequently, they lost all interest and even though more than 11 years had gone by, did not even mutate the land in their favour. No fund was allotted for establishment of market and, consequently, the market did not come up thereby frustrating the very purpose of the Gift made by the plaintiff. In such circumstances, demand was made by the plaintiff for re -conveyance of the land and as there was no response, the suit was filed after expiry of notice under Sec. 80 CPC, praying for a decree declaring that Gift Deed No. 179/1984 executed and registered on 02.02.1984 is liable to be revoked and the land forming part of the Gift Deed as described of the Schedule to the plaint be re -conveyed by a Deed of Re -conveyance along with delivery of khas possession etc.

(3.) A written statement was filed by the defendant taking the usual legal pleas such as suit is barred by limitation; suit is barred by waiver, estoppel, acquiescence, etc. While denying the statement made in the plaint that pressure was exerted by the local people for the purpose of donation of the land, it was stated that the plaintiff voluntarily made the Deed of Gift. It was also pleaded that allegations of market being not constructed is false and, in fact, market sheds were constructed by Lakhipur Development Block Authority and the market was running smoothly. However, a cyclonic storm damaged the market shed and the authorities were trying to repair and reconstruct the same. A sum of Rs. 2,11,000/ - was also allotted for the purpose of repairing and other development works.