RASHI MITRA Vs. GANGA HARIDAS

JUDGEMENT

(1.) Heard Mr. S.N. Bhuyan, learned counsel assisted by Mr. B.K. Das, learned counsel appearing for the appellant. None appears for the Respondents despite notice.

(2.) This Second Appeal assails the judgment and decree dated 7.4.98 passed by the learned District Judge, Kokrajhar in Title Appeal No. 6 of 1995 reversing the judgment and decree dated 23/11/95 rendered by learned Munsiff No. 1, Kokrajhar in Title Suit No. 52 of 1986 by which the suit instituted by the appellant as plaintiff was decreed holding that the defendants No. 1 and 2 were trespasser into the said premises wherein the plaintiff had the right and interest.

(3.) At the time of admission of this Second Appeal, the following substantial questions of law have been framed. "i) Whether the licencee of the land has no right to evict an encroacher in absence of title? ii) Whether the interpretation given by the lower appellate court to the right of a licencee is correct in law? iii) Whether the licencee has the same right as that of an owner over the land during the continuance of licencee?