CHOTU DEVI YADAB Vs. JAMUNA PRASAD KOIRI

JUDGEMENT

(1.) Heard Mr. B. Ullah, learned counsel appearing for the appellants/ defendant. Also heard Mr. S.P. Choudhury, learned counsel representing the respondents.

(2.) This second appeal has been filed against the concurrent judgment and decree dated 15-12-2006 passed by the learned Civil Judge (Sr. Div.), Dibrugarh in Title Appeal No. 16/2004 dismissing the appeal of the appellant/ defendant and affirming the judgment and decree dated 21-09-2004 passed by the Civil Judge (Jr. Div.) No. 1, Dibrugarh in Title Suit No. 84/2000.

(3.) The fact of the case, as projected in the plaint in brief is that originally Ram Janam Koiri, Dhoritri Koiri and the plaintiff himself were the joint owners and co-pattadars in respect of a plot of land measuring 1B-1K-3L covered by Dag No. 137 of PP No. 278 of Dibrugarh Town mouza, Chiring Gaon ward in the district of Dibrugarh. After the death of Ram Janam Koiri and Dhoritri Koiri, the plaintiff Jamuna Prasad Koiri had become the owner of the suit land on the basis of an amicable settlement between the legal heirs of the deceased pattadars and has been possessing the land since then. It is the case of the plaintiff that he had appointed one Lachman Bhagat Shah as chowkidar to look after the aforesaid landed property of the plaintiff and accordingly Lachman Bhagat Shah had built up a temporary structure over the suit land for residential purpose and has been residing therein with his family. About ten years before filing the suit, Lachman Bhagat Shah died and after his death the defendant No. 1, i.e. the daughter of the Lachman Bhagat Shah continued to stay in the suit land along with her family including defendant No. 2, who is her husband. On 30-08-2000 the plaintiff requested the defendant to vacate the suit land by removing the houses standing thereon, but the defendants paid no heed to such request. Plaintiff's case is that Lachman Bhagat Shah was a permissive occupier under the plaintiff in respect of the suit land and, therefore, soon after the death of Lachman Bhagat Shah, the license granted to him had expired and as such the defendants had no right, title and interest over the suit land. Hence, the plaintiff had filed the suit for recovery of possession by evicting the defendants.