BASISTHA SHARMA Vs. MARKANDA MONI SINGH

JUDGEMENT

(1.) THIS Second appeal is directed against the judgment and decree dated 19.05.2009 passed by the learned Civil Judge, No. 1, Cachar, Silchar in Title Appeal No. 28/2006 allowing the appeal by reversing the judgment and decree dated 07.06.2006 passed by the learned Munsiff No. 1, Cachar, Silchar in Title Appeal No. 125/2006 dismissing the plaintiff's suit.

(2.) THE brief facts of the case as is apparent from the pleadings is that a plot of land measuring 1 bigha 13 kathas 4 chataks of 2nd R.S. Patta No. 241 of Dag No. 738 appertaining to Mouza -Dudhpatil Part -VI in the district of Cachar, originally belonged to late Kunja Behari Singha. Kunja Bihari Singha died, leaving behind 3(three) sons and 6(six) daughters. The three sons of Kunja Behari Singh sold the suit land measuring 1 bigha 13 kathas 14 chataks to one Nanda Lal Singha by means of registered sale deed dated 17.05.1943. Thereafter, the aforesaid plot of land was again purchased back by the 3(three) brothers by means of registered deed of sale dated 18.08.1982 from Nanda Lal Singha. The 3(three) brothers are Krishna Prasad Singha, Chaitanya Prasad Singha and the plaintiff, all of whom are the sons of Kunja Behari Singha.

(3.) THE sole defendant had contested the plaintiff suit by filing the written statement, wherein, he took the plea that there was no cause of action for the suit and that the suit was also bad for non -joinder of necessary parties, namely the legal heirs of the sisters, their surviving sons and daughters. The defendant No. 1 categorically denied the claim of the plaintiff that he being the sole surviving legal heir had become the owner of the entire suit land.