JAYA HANDIQUE AND ORS. Vs. BIMALA DUTTA

JUDGEMENT

(1.) HEARD Mr. B.D. Goswami, learned counsel for the appellants. Also heard Mr. A.C. Sarma, learned counsel for the respondent.

(2.) THIS appeal is directed against the judgment and decree dated 13.11.2003 passed by the learned Civil Judge (Sr. Divn.) No. 2, Guwahati in Title Appeal No. 39/2002 dismissing the appeal filed by the appellants, affirming and upholding the judgment and decree dated 30.04.2002 passed by the learned Civil Judge (Jr. Divn.) No. 1, Guwahati, in Title Suit No. 260/1994. The appellants are successors -in -interest of the plaintiff. The second appeal was admitted to be heard by an order dated 06.04.2004 on the following substantial questions of law:

(3.) THE plaintiff filed the suit praying for declaration of right, title and interest in the suit land by right of adverse possession. It is pleaded that he is the absolute owner in possession of the suit land described in the schedule to the plaint and had been continuously residing there by constructing dwelling house for more than 18 years. He, later on, learnt that one Bani Kanta Kakati was the owner of the suit land and subsequently, on enquiries made, one Bhabesh Kakati claimed to be the owner, which however, turned out to be false and it was unearthed by him that the suit land belonged to one Nila Kanta Kakati. The plaintiff had obtained a Holding from the Gauhati Municipal Corporation, which was cancelled at the instance of the defendant No. 2, prompting him to file a suit in the Court of Munsiff No. 2, Guwahati being Title Suit No. 59/1992. The suit was dismissed and an appeal was preferred being Title Appeal No. 12/1994.