SABITRI ROY Vs. ANIL MANDAL

JUDGEMENT

(1.) THIS Second Appeal is directed against the concurrent findings of the two Courts below. Both the Courts dismissed the suit of the plaintiff on the point of res judicata.

(2.) THIS Court while admitting the Second Appeal framed the following substantial question of law :-

(3.) TO understand the substantial question of law framed above it is necessary to have a look at the basic minimum facts involved in the present suit. Present appellant as plaintiff instituted Title Suit No.20/1993 in the Court of learned Munsiff No.3, Cachar at Silchar stating that the suit land measuring 3K 10 Ch pertaining to 2nd R.S. Patta No.56 and Dag No.206 originally belonged to one Gopal Chandra Deb and plaintiff was a lessee under him. Subsequently, on 12.07.1991 the plaintiff purchased the ownership right of the land from the original owner Gopal Chandra Deb. It is further averred that defendant No.1 being brother of the plaintiff-s husband and as he did not have any place to live in, the plaintiff-s husband permitted him to construct a house upon the suit land and allowed defendant No.1 to stay there. But of late the defendant No.1 started creating the rumour that he is the owner of the land and also assaulted the plaintiff. Under such circumstances the suit was instituted for declaration of right, title and interest and recovery of khas possession by evicting the defendant No.1.