TESHY SHELLY Vs. TAYUM ETE

JUDGEMENT

(1.) This appeal is directed against the judgment and decree passed in Title Suit No.24/ 2003 passed by the learned Additional District and Sessions Judge (FTC) Yupia on 20.4.2004 by which the suit of the plaintiff was dismissed with cost.

(2.) The plaintiff appellant filed TS No. 5 of 20(00 in the Court of the Deputy Commissioner, Papum Pare, Itanagar which was lateron transferred for early disposal to the court of the learned Additional District and Sessions Judge (FTC) Yupia.

(3.) The pleaded case of the plaintiff interalia is that he is the owner in possession of an area 37 acres of land situated along Pare river near Tigdo ghat at Doimukh since the year 1954 and he in possession of the said land without any disturbance from anybody. While the plaintiff was occupying the said land peacefully the defendant respondent sometime in the year 1985 requested the plaintiff to permit him to use 3/4 puras of land on lease basis on the condition that the said plot of land shall be returned to the plaintiff at any time as and when the plaintiff requires. The plaintiff being in need of plot of land in question which was so leased in favour of the defendant respondent, requested the defendant on 21.4.2000 to return the same and although the defendant agreed to return the said leased plot of land but later on refused. Being unable to recover the same, the plaintiff filed the present suit.