PHANI CHANDRA DAS Vs. SUNIL DAS

JUDGEMENT

(1.) This second appeal was admitted on the following substantial question of law :-

(2.) The title suit was brought up by the plaintiffs Sunil Das and Subhas Das against Amulya Das and his legal heirs. The plaintiff's case is that a parcel of land ad-measuring 1 Bigha 2 Kathas 10 Lechas described in the schedule kha of the plaint was under the ownership and possession of Surendra Das. This parcel of land will hereinafter be referred to as the suit land. After the death of Surendra Das, his legal heirs, namely Sudhangshu, Sukdev, Sushil and Biswadev, inherited the suit land. On 10/2/2005, the plaintiffs purchased this parcel of land from Sudhangshu Das and others by executing a registered Sale Deed No. 57/2005. However, on 5/9/2005, the defendants No. 1 to 7 entered into the suit land and constructed one thatched house and encroached the suit land by constructing a fence, thereby dispossessing the plaintiffs. The plaintiff No. 2 Subhash Das then filed a case under Sec. 145/146 of the Code of Criminal Procedure, 1973 (CrPC for short) and the suit land was attached. Upon objection by the defendants, the attachment was vacated. The case was then transferred to Tamulpur and was numbered as 4M/2010.

(3.) The defendants contested the title suit and submitted a written statement contending inter-alia that there is no cause of action and the suit is barred by limitation and thus, not maintainable. It has been averred that Surendra Das was the original owner of the suit land and during his lifetime the defendants had purchased the suit land about 28-30 years ago from the original owner Surendra Das. The defendant No. 1 had taken possession of the suit land and had been residing on the suit land for about 28-30 years peacefully. The Sale Deed No. 57/2005 is thus illegal as the defendants have already acquired right, title and interest by way of adverse possession over the suit land. Decision of the Trial Court :-