SMTI. SUROBALA TALUKDAR Vs. ON THE DEATH OF KESHAB THAKURIA HIS LEGAL HEIRS CHITRA THAKURIA & OTHERS

JUDGEMENT

(1.) The challenge in this Second Appeal is to the judgment and decree passed by the learned Civil Judge (Senior Division) No. 1, Guwahati, in Title Appeal No. 65 of 2000, whereby the judgment and decree passed by the learned Civil Judge (Junior Division) No. 1, Guwahati, in Title Suit No. 51 of 1997 dismissing the suit had been affirmed.

(2.) The short facts unfolding is that the appellant/plaintiff Smt. Surobala Talukdar instituted the suit for delivery of khas and vacant possession of the suit land by evicting the respondent/defendant Sri Keshab Chandra Thakuria (now deceased), men and materials and by demolishing the constructions illegally raised by him on the suit land. The defence set up by the respondent/defendant was that he had been in continuous and uninterrupted possession in the suit land since 1970 by constructing houses and carrying on the business of selling tea from the tea stall standing upon the suit land. According to him, he had occupied the suit land thinking to be sarkari land. Later he came to know that the suit land stood in the name of one Ambika Charan Talukdar. Notwithstanding the fact that said Sri Ambika Charan Talukdar was the owner of the suit land, the respondent/defendant stated that he continued to retain possession since the year 1970 and such continuous, uninterrupted possession over the suit land has ripened into title by right of adverse possession.

(3.) As many as 5 (five) issues were framed by the learned trial court which are as follows: