CHANDAN DUTTA AND ORS. Vs. BHUPEN BARTHAKUR

JUDGEMENT

(1.) This second appeal has been filed against the judgment and decree of reversal dated 15-12-2006 passed by the court of Civil Judge, Sonitpur, Tezpur in Title Appeal No. 12-2006 reversing the judgment and decree dated 04-07-2006 passed by the learned Munsiff, Sonitpur, Tezpur in Title Suit No. 46/2002 dismissing the suit filed by the plaintiff.

(2.) This second appeal has been preferred by the defendants/ appellants, which was admitted to formal hearing by framing the following two substantial questions of law:

(3.) The case of the plaintiff is that the suit land originally belong to one Ratneswar Talukdar who had sold the same to proforma defendant No. 6 i.e. Ram Mohan Pathak in the year 1963. One Kanak Dutta was occupying the land and house standing thereupon as a tenant under the proforma defendant No. 6 by paying monthly rent. After the death of Kanak Dutta in the year 1990 the defendant Nos. 1 to 5, being the legal heirs of Kanak Dutta, continued to remain in occupation of the suit house as a tenant under the proforma defendant No. 6 on condition of paying monthly rent. It is the claim of the plaintiff that on 21-05- 2001 the proforma defendant No. 6 had executed one unregistered deed of sale by means of which the suit land and the house standing thereupon had been transferred in favour of the plaintiff. Thereafter the defendants have been paying rent to the plaintiff as per verbal tenancy agreement until the month of May, 2002. But, thereafter the contesting defendants stopped paying rent and on the contrary, entered the name of defendant No. 1 in the chittha by influencing revenue authorities thereby clouding the title of the plaintiff. As such, the plaintiff had to institute the suit for declaration of right, title and interest over the suit land and for confirmation of possession as well as for permanent injunction.