MADHUSUDHAN PAUL AND ORS. Vs. GANESH BISWAS

JUDGEMENT

(1.) Heard Mr. D. Mazumdar, the learned Senior Counsel appearing for the petitioners (defendants). Also heard Ms. P. Bhattacharya, the learned Counsel for the respondent (plaintiff).

(2.) The respondent applied for recovery of possession of the suit land under Section 6 of the Specific Relief Act, 1963 (hereinafter referred to as "the S.R. Act"), where he pleaded that he was in possession of the suit land from where he was forcibly dispossessed by the defendants on 18.2.2009. According to the plaintiff, the defendants earlier made an unsuccessful attempt to dispossess the plaintiff on 31.12.2008 but since the authorities failed to take any action on the plaintiff's complaint, the emboldened defendants dispossessed the plaintiff on 18.2.2009. The defendants contested the suit along with a counter claim where they pleaded that the plaintiff transferred the suit land to one Prafulla Das on 7.12.2001 and the said Prafulla Das in turn sold the possessory right on 23.4.2003 to the defendant No.1 Madhusudhan Paul. According to the defendants the plaintiff had filed a false case and therefore they made a counter claim for declaration of possession in their favour.

(3.) 1 The learned Munsiff No.1, North Lakhimpur noted the evidence of the witnesses including the evidence of D.W.4 Golap Bhuiya who stated that he sold the suit land to the plaintiff about 10/11 years ago for Rs.5,000/- but the plaintiff gave up possession for consideration of Rs.8,500/- to Prafulla Das and Krishna Das, through an unregistered Sale Deed. The two purchasers in turn sold the suit land for Rs.9000/- to the defendant No.1 by an unregistered Sale Deed executed on 23.4.2003 and since then, the defendants are in possession of the suit land.