MINTU KUMAR PAUL Vs. NAKUL CHANDRA PAUL

JUDGEMENT

(1.) In this appeal the judgment -and -decree dated 21st June, 2006 passed by the learned Additional District Judge(Ad hoc), Fast -track Court, Biswanath Chariali in Sonitpur in Title Suit 1/2003 decreeing the suit in entirety is called in question by the defendants No.2, 3, 4, 11 and 13.

(2.) The brief facts involved in this appeal are required to be stated at the threshold. One Nakul Chandra Paul as plaintiff instituted TS 3/1996 in the Court of the learned Assistant District Judge, Tezpur against the State Bank of India as defendant No.1 and his own brothers and sisters as the defendants No.2 to 16 stating in the plaint that a land measuring 2 katha covered by periodic patta No.30 in Charali village under Biswanath mouza in Sonitpur district is originally owned by one Sewprasad Rewani and the said Sewprasad Rewani sold the said land to him by executing a registered sale deed(no.4537/1968) on 28.12.1968 and handed over the possession to him. After coming into possession of the land he obtained mutation in the record of rights and thereafter made constructions of an RCC building thereon.

(3.) This was brought to the notice of the Biswanath Chariali Town Committee(BCTC) and accordingly name of the plaintiff was recorded as owner of the holding. The plaintiff thereafter claimed to have let out the premises to the State Bank of India(SBI), the defendant 1, and after a few days instructed the SBI to make deposit of the rent in the name of his father viz. Digambar Chandra Paul to meet his personal expenses at the old -age. However, Digambar Chandra Paul was not owner of the land or the house. He died on 7.4.1981 leaving behind him a Will wherein inadvertently he made a mention that the suit land and the house are his own property and bequeathed those in favour of the plaintiff.