SONFULIA CHANDIK Vs. CHATURBHUJ GUPTA

JUDGEMENT

(1.) THIS second appeal is directed against the judgment and decree dated 26. 5. 2000 passed by the learned District Judge, Nagaon in Title Appeal No. 4 of 1999 allowing the appeal by reversing the judgment and decree passed on 1. 4. 1999 in the Title Suit No. 29 of 1990 by the Civil Judge (Senior Division ). The present appellant is the plaintiff No. 2 in Title Suit No. 29 of 1990 of the Court of Civil Judge (Senior Division), Nagaon. The present appeal was admitted for hearing on the four (4) substantial questions of law, one of which being substantial question No. 4 is quoted below : 4)Whether the possession of land on the basis of the admitted invalid document is ipso facto sufficient to categorize the possession as adverse against the vendor as well as the whole world, and if so, in the circumstances of the case, the learned lower appellate court was legally entitled to insist for adducing separate oral evidence for determination of adverse possession over the land, and if not, whether the approach made by the learned lower appellate court for the purpose of reversing the decision of the trial court is in accordance with law, and if not, whether the impugned judgment and decree of the learned lower appellate court are liable to be reversed in Second Appeal?

(2.) HEARD Mr. G. C. Phukan, learned counsel appearing for the appellant/plaintiff and Mr. G. P. Bhowmik, learned counsel appearing for the respondents-defendants.

(3.) THE brief facts of the appellant/plaintiff's case are that the suit land measuring 21 bighas 2 kathas and 13 lechas covered by Dag Nos. 332, 333, 334 and 337 of periodic patta No. 97 at Kuthari Gaon under Dwarbagari Mouza described in Schedule 'a' of the plaint originally belonged to one Kalpanath Mahanta. The suit land as per settlement in the year 1930-1931 was covered by Dag Nos. 99, 102, 103 and 104 of periodic patta No. 7.