BILAT ALI Vs. SAINUR ALI AND ORS.

JUDGEMENT

(1.) The First Appellate judgment and decree dated 30.9.2005 passed by the learned District Judge, Darrang at Mangaldai in T.A. No. 1/2004 has been called in question by the plaintiff of T.S. No. 26/97 in the present second appeal. The learned Trial Court by his judgment and decree dated 15.12.2003 decreed the suit of the plaintiff and the learned First Appellate Court while reversing the Trial Court decree, dismissed the suit in entirety.

(2.) The brief but necessary facts involved in the present case are required to be stated at the threshold.

(3.) It is stated that out of 19 Lechas of land owned by Mana Sk, as above, Kalimuddin occupied 11 Lechas of land and the remaining 8 Lechas remained with Milik, father of the defendant No.1 and this 8 Lechas of land was sold by Milik on 16.8.72 vide Exhibit-2. The plaintiff alleged that the defendant No.1 re-possessed the sold out land after one week of the sale and, thereafter, both the defendant Nos. 1 and 2 constructed house on the southern portion of the suit land. On 18.11.95, while the plaintiff was in peaceful possession of the land described in Plot No. X, Y, Y(i), Z, Z(i) and Z(ii) comprising 2 Katha 8 Lechas, the defendant Nos. 1 and 2 trespassed into Plot No. Z and X measuring 13 Lechas and 11 Lechas respectively. The defendants, thereafter, forcibly constructed one house on the suit land. Under such circumstances, the plaintiff filed the suit for partition of 11 Lechas of homestead land of the defendant No.2 from the dag as per possession of his predecessor-in-interest. Ultimately, by the prayer made in the plaint, the plaintiff wanted ejectment of the defendants from the land described in Schedule-C of the plaint by demolishing and removing the house described in Schedule-D of the plaint. The plaintiff prayed for partition of 11 Lechas of land described in Plot No. X(i) from the rest of the dag and also for perpetual injunction.