NARENDRA MAZUMDAR Vs. SUSHIL BERI

JUDGEMENT

(1.) Heard Mr. M Talukdar, learned counsel appearing on behalf of the appellant.

(2.) This second appeal is against the judgment and decree dated 23.05.2011 and 6.6.11 respectively passed by the learned Additional District Judge (FTC) No. 1, Kamrup at Guwahati in title appeal 106/2006 thereby upholding the judgment and decree dated 22.02.2005 passed by the learned Civil Judge (Sr. Divn.) No. 3, Kamrup at Guwahati in title suit No. 328/2002.

(3.) The appellant, as the plaintiff, preferred title suit No. 328/2002 and stated in his plaint that a plot of land measuring 2K 19L under Dag No. 177 of KP patta No. 56, Dag No. 182 of KP patta No. 83 of village Khanapara under Mouza Beltola in the district of Kamrup was originally possessed by the plaintiff since last 40 years and the said landed property has been described in schedule A, B and C of the plaint. Out of the said land, schedule B land is covered by Dag No. 177 of KP patta No. 56 and the area of the said B schedule is 2K 9L. The plaintiff-appellant further pleaded that he has been paying land revenue and other taxes in respect of the A schedule land whereupon there are RCC building, Assam type house, Jirat etc. since last 40 years and the said RCC building is assessed under GMC Holding No. 594 and he got the electricity connection in the said premises. The land described in schedule C of the plaint originally belonged to Sri Sushil Ch. Das and thereafter the said land was mutated in the name of Sri Gautam Kr. Das by way of gift and there was a Raiyat/tenant, namely, one Swarupa Kairy in the said land since long who transferred the C schedule land to the plaintiff-appellant in the year 1973 and since then the plaintiff-appellant possessed the said C schedule land without any interference from the original pattadar. Further it is pleaded that one Sri SUSHIL BERI was trying to dispossess the plaintiff appellant from C schedule land on the pre-text that he purchased the same by registered sale deed, who initiated a proceeding under section 145/146 of the Code of Criminal Procedure (Cr.P.C) before the Executive Magistrate and in that proceeding the schedule C land was attached and possession of the disputed land was declared in favour of the plaintiff appellant. Further, allegation of the plaintiff appellant is that while he was possessing the said schedule C land, the defendant respondent No. 2, namely, Capt. Satya Deep Saikia tried to dispossess the plaintiff appellant from the C schedule land on 15.12.2002, 16.12/2002 and 18.12.2002 and collected materials for construction thereon. Hence, the suit was filed for the following reliefs:-