NALIN CH SARMA Vs. DAKHINPAT SATRA

JUDGEMENT

(1.) HEARD Mr. A.C. Sarma, learned counsel appearing for the appellant. The second appeal has been preferred against the judgment and decree dated 15.02.2006 passed by the Civil Judge (Senior Division) No.2, Guwahati, in Title Appeal No.61/2000 affirming the judgment and decree passed by the Civil Judge (Junior Division) No.1, Guwahati, on 12.09.02 decreeing the Title Suit No.352/1995 filed by the respondent/plaintiffs.

(2.) THE plaintiff's case in brief is that the plaintiff No.1, Dakhinpat Satra (hereinafter referred to as "Satra") on 30.07.1968 was settled with an area of land measuring 25 Bigha by the State of Assam for the purpose of welfare of the Satra, being a centre for propagating Vaishnab religion precepts. The said Satra is situated at Dakhinpat, in the District of Jorhat. The 25 Bigha of land allotted to the plaintiff No.1 by the Govt. as described in schedule -A to the plaint, is the suit land. In due course of time, the plaintiff No.1 got its name mutated in respect of the schedule -A land and thereafter, made construction of four Assam type houses thereon. Plaintiff No.2 was the "Satradhikar" of the 'Satra' and was responsible for managing the affairs of the properties of the Satra. He was also approached by the appellant/defendant to allow him to stay in the houses standing over the suit land fully described in 'schedule -B' to the plaint. Acting on such request of the defendant, he was allowed to stay in the suit houses on condition that he would look after the properties of the 'Satra' and vacate the same as and when it was required for the benefit of welfare of the Satra. The plaintiff No.3 was appointed as power of attorney of the plaintiff No.2 and was entrusted to look after, supervise and manage the properties of the 'Satra'. In the meantime, the plaintiff No.2 filed an application before the Secretary to the Govt. of Assam, Revenue Department, seeking exemption of the Satra land from the purview of Section 20 of the Urban Land (Ceiling and Regulation) Act, 1976. Acting on such application filed on behalf of the Satra, the Govt. of Assam passed an order on 20.11.1989 granting the prayer of exemption but with the rider that Satra would make all efforts to utilize the allotted land within a period of 3 (three) years as per the plan and estimate submitted by them for utilization of the Satra land. Situated thus, the defendant was asked to vacate the suit houses on several times on the ground that the suit property was required for the benefit and welfare of the 'Satra'. The plaintiffs have even served notice dated 28.06.1991 to the defendant asking him to vacate the suit house. However, on receipt of the said notice, by issuing a letter dated 06.07.1991, the defendant refused to vacate the suit houses and on the contrary he instituted Title Suit in the Court of Munsiff No.3 for declaration of his possessory right over the suit property as well as for injunction. The aforesaid suit being numbered Title Suit No.37/91 was, however, dismissed on contest. Even thereafter, the defendant did not vacate the suit premises and had got the holding number issued in his name in respect of the suit property. As a result of such conduct of the defendant, the plaintiffs were compelled to institute the suit for declaration of right, title and interest; recovery of khas possession; permanent injunction and for other consequential reliefs.

(3.) THE defendant contested the suit by filing his written statement, wherein he had taken the plea that the defendant No.2 had permitted him to occupy the suit premises with a condition to look after the land of the Satra. For the aforesaid purpose, the defendant was allowed to possess and live in the suit land by constructing house with an assurance that in course of time, the suit land would be given to him. Accordingly, the defendant had constructed the house on the suit land as per the instruction of the plaintiff No.2 and had been living there since 1979 with his family. The defendant thereafter, claimed to have acquired possessory right by way of adverse possession.