ANIRUDDHA KUMAR AGARWALA Vs. MUNICIPAL BOARD OF DIBRUGARH

JUDGEMENT

(1.) HEARD Mr. GP Bhowmik, the learned senior counsel appearing for the petitioner/plaintiff. Also heard Mr. R. Barpujari, the learned counsel appearing for the respondent Nos.4 & 5 (defendant Nos.4 & 5) in the Title Suit No.72/2007 (originally the Title Suit No.37/1998), now pending in the Court of learned Munsiff No.2, Dibrugarh. However the Municipal Board of Dibrugarh (hereinafter referred to as 'the Municipal Board') and their Chairman/Vice -Chairman (defendant Nos.3, 4 & 5) are not participating in this proceeding.

(2.) IN his suit, the petitioner claimed that the land covered by the Site No.25 of New Market, Ward No.11 owned by the Municipal Board was leased out to the plaintiff's grandfather, through the Deed No.778/1939 dated 24.7.1939 and on the said leased land of the Municipal Board, the lessee Biswanath Prasad Agarwala constructed a house containing several rooms, suitable for commercial purpose. The lessee let out some of the shop rooms and retained one room for his own use. The lease period was subsequently extended by the Municipal Board and the last extension in respect of the Site No.25 was valid for 20 years from 1995 to 2015.

(3.) SINCE one of the lessee's tenant, Somrathi Lal Mina sold away a portion of Site No.25 through the Sale Deed No.1896/1977 to the respondent Nos.4 and 5 and the Municipal Board recognized the right of the purchasers by curving out a new site i.e. Site No.25(A) from the Site No.25, the plaintiff applied for declaratory reliefs for cancellation of the Lease Deed No.2449/1995 and also the Sale Deed No.1896/1977 in respect of the shop house measuring 30 ft. x 24.4 ft. (Total 610 sq. ft.).