AMIYA BALA GHOSH Vs. SUBAL CHANDRA PAUL

JUDGEMENT

(1.) This appeal arises from the judgment and decree passed by the learned Assistant District Judge (II) Cachar Silchar, in T.A. No. 48/74 reversing the judgment and decree passed by the learned Munsiff(I) Karimganj in T.S. No. 1 of 1972.

(2.) The plaintiff-appellant instituted the suit (T.S. No. 1 of 72) in the Court of the Munsiff (I) Karimganj against the defendant claiming, inter alia, for declaration of plaintiff's jote right in respect of the suit land and for khas possession of the suit land by removing, or directing the defendant to remove, the box stall standing thereof.

(3.) The plaintiff brought the suit on the footing that the defendant with the permission of one Saraju Bala Dutta placed a box stall on the suit lard as Licence under her. There was a partition suit. After the decree in the partition suit, the suit land fell in the share or Umesh Chandra Dutta and others. Thereafter, the plaintiff purchased the suit lard from Umesh and others under registered deed dated 20-6-1969. After the Purchase the plaintiff informed the defendant about the purchase. But the defendant had not made any request to the plaintiff for keeping the box stall or the suit land. The defendant had also not paid any licence fee to the plaintiff. Therefore, the plaintiff issued a notice dated 6-10-1970 to vacate the suit land and to remove the box stall. The defendant received the notice on 7-10-1970. The plaintiff filed the suit on 4-1-1972.