NEULAKALITA Vs. RAJANI KALITA

JUDGEMENT

(1.) Heard Mr. D. Baruah, learned counsel for the appellants. None appears on behalf of the respondents.

(2.) In the suit as many as 6 Issues were framed and 3 witnesses examined from the plaintiffs' side and 5 form the defendants' side. As documentary evidence, the plaintiff produced the Katcha Patta in the name of late Sambhu Ram Kalita (under objection) as Ext. 1: certified copy of the Jamabandi as Ext. 2: certified copy of the Mutation Chitha (under objection) as Ext. 3 and the Revenue Paying Receipts as Ext. 4(1) to 4(24). The appellants/defendants exhibited the certified copy of the Sadar Jamabandi pertaining to K.P. Patta No. 21 of Dag No. 125 as Ext. A; certified copy of the Patta No. 200 as Ext. B; certified copy of the Chitha of Dag No. 127 as Ext. 6; certified copy of the Sadar Jamabandi of K.P. Patta No. 227 as Ext. D and certified copy of the order passed in Mutation Case No. 43/1999-2000 as Ext. E.

(3.) The learned Trial Court, upon appreciation of oral and documentary evidence as well as the pleadings of the rival parties held that the suit was barred by the law of limitation in terms of Article 65 of the Limitation Act, 1963 and also held that the plaintiff had failed to prove right, title and interest over the suit land. As a necessary corollary, the Trial Court held that the plaintiffs are not entitled to delivery of khas possession or to any relief. Accordingly, the suit was dismissed on contest without cost vide Judgment and Decree dated 13.9.2005.