PHANIDHAR KALITA Vs. SARASWATI DEVI

JUDGEMENT

(1.) THE present second appeal filed by the appellant-plaintiff against the judgment and decree 2. 3. 2000 passed by the learned Civil Judge (Senior Division), Darrang, Mangaldoi in Title Appeal No. 8 of 1998 dismissing the appeal and affirming the judgment and decree dated 31. 3. 1998 passed by the learned Civil Judge (Junior Division) No. 2, Mangaldoi in Title Suit No. 11 of 1987 had been admitted for hearing on the substantial questions of law :

(2.) HEARD Mr. B. K. Goswami, learned senior counsel assisted by Mr. T. Islam, learned counsel appearing for the appellant-plaintiff and also Mr. C. K. Sarma Baruah, learned senior counsel assisted by Miss B. Mahanta, learned counsel appearing for the respondents-defendants.

(3.) THE appellant filed the Title Suit No. 11 of 1987 against the respondent-defendant No. 1 in the Court of the Civil Judge (Junior Division) No. 2 for declaration of title in respect of 1 Katha 16 lechas of land covered by Dag No. 52/575 of P. P. No. 960 situated in village Mangaldoi gaon (described in schedule-1 to the plaint) and also for recovery of khas possession of the suit land (i. e. land in described in schedule-2 which is a part of the land in schedule-1) by demolishing the house of the respondents-defendant No. 1 and also permanent injunction restraining the respondent-defendants, their workmen and agent from raising new constructions and the sanitary latrine on the suit land.