MOHIT SAIKIA Vs. MD LAL MIAN

JUDGEMENT

(1.) HEARD Mr. K.K. Mahanta, learned senior counsel appearing for the appellant and Mr. B.K. Goswami, learned senior counsel appearing for the respondent.

(2.) THE appellant plaintiff instituted a Title Suit No. 157/93 for declaration of his right, title interest over the suit land and for recovery of possession and for removal of the constructions made by the respondent-defendant. The suit was contested by the defendant and the trial court framed as many as eight issues and thereafter dismissed the suit as not maintainable. Title Appeal No. 24/96 was preferred before the Civil Judge, Senior Division, Nagaon and vide impugned judgment the appellate court affirmed the judgment and decree passed by the trial court and, hence, the present appeal.

(3.) THE substantial question of law which arises is where the plaintiff chooses not to file a suit under Section 6 of the Specific Relief Act whether he is barred from filing a regular suit for recovery of possession based on title ?