MAJUMDAR RAJBONGSHI Vs. HARESWAR BARMAN & 3 ORS

JUDGEMENT

(1.) HEARD Dr. B. Ahmed, learned counsel for the appellant.

(2.) THIS Second Appeal has been preferred against the concurrent judgment and decree dated 20.09.2014 passed by the learned Civil Judge, Nalbari in Title Appeal No.8/2014 dismissing the appeal and upholding the judgment and decree dated 21.12.2013 passed by the learned Munsiff No.1, Nalbari in Title Suit No.57/2009 dismissing the suit of the plaintiff.

(3.) THE plaintiff's case, in brief, is that he is the owner of a plot of land measuring 4 kathas of village Barkhetri Banekuchi of K.P. Patta No.150 covered by dag No.246 which is the suit land. The name of the plaintiff and his brothers had been mutated in the revenue record in respect of the suit patta. One of his brother Pabitra Rajbongshi died and there is no adverse interest with his brother Upen Rajbongshi. As such, the plaintiff had possessed the suit land under the guidance of his mother till attaining the age of majority and after attaining majority the plaintiff owned and possessed the suit land without any interference from any quarter. The suit land was bounded by bamboo fencing and Rabi crops was planted by the plaintiff till February, 2009. It is the case of the plaintiff that on 08.03.2009 the principal defendants entered into the suit land with weapons, broke open the bamboo fencing and ploughed the suit land claiming the same to be their own purchased land from one Intaj Ali by means of registered deed of sale bearing No.1114/82 executed in the year 1982. The plaintiff had initially started proceeding in the Court of Executive Magistrate, Nalbari under Section 145 Cr.P.C. However, later on, realizing that the Civil Court would be the appropriate forum for resolution of the dispute between the parties, the plaintiff had instituted the aforementioned suit praying for declaration of his right, title and interest over the suit land and also for recovery of khas possession and other consequential reliefs.