NARAYAN SINGHA Vs. MILAN SINGHA

JUDGEMENT

(1.) HEARD Mr. P.K. Kalita, the learned counsel appearing for the petitioners, who filed the Title Suit No.21/2007 for recovery of possession, of the suit land under Section 6 of the Specific Relief Act, 1963. The respondent (defendant) is unrepresented and on 05.09.2013 this Court ordered for ex -parte proceeding against him.

(2.) THE petitioners are the successors of late Moneswar Singha and late Sarbeswar Singha. The father of the first 3 plaintiffs late Moneswar Singha, was occupying Schedule -A land measuring 1 bigha 1 katha in Dag No.77 of Annual Khiraj Patta No.22(O)/20(N) and the Schedule B land measuring 3 bighas land in Sakuli Tauzi Map No.52(O)/49(N). Similarly the 4th plaintiff's father late Sarbeswar Singha was occupying 2 bighas of land covered by Sakuli Tauzi Map No.39. The defendant Milan Singha initially worked as a cultivator under the two predecessor's 3rd brother, Sachindra Singha and he married the younger daughter Akani of Sachindra Singha. After the marriage, his father -in -law provided the defendant with 1 bigha of land under Sakuli Tauzi Map No.52(O)/49(N).

(3.) WHILE occupying the 1 bigha gifted to him, on 30.06.2007, the defendant encroached and fenced the plaintiffs' land measuring 6 bighas 1 katha described in Schedules -A, B and C of the plaint and when he didn't vacate the encroached land despite the demand of the plaintiffs, the claim for land restoration was made through the Title Suit No.21/2007. After the defendant appeared and filed his WS, the learned Court framed the following 3(three) issues for deciding the case: