PURNA CHANDRA MAHANTA Vs. DEB KANTA MAHANTA

JUDGEMENT

(1.) THIS appeal projects a challenge to the judgment and order dated 11.8.1994 and the decree dated 18.8.1994 passed by the learned District Judge, Morigaon in Title Suit No. 45(M)/1992 decreeing the suit of the original respondent -plaintiff, Dharmeswar Mahanta(since deceased) presently substituted by his heirs and legal representatives.

(2.) I have heard Mr. D.C. Mahanta, Senior Advocate assisted by Ms. R. Bhattacharjee, Advocate for the appellants and Mr. A.C. Sarma, Advocate for the respondents -plaintiffs.

(3.) THE pleaded version in the plaint is that the suit land measures one bigha out of 1 bigha 5 lechas covered by Dag No. 1050 of periodic patta No. 754(new) under Morigaon Town Revenue Kissam in the district of Morigaon. Before the settlement survey of 1930 -31 it was included in an area of 3 bighas 4 kathas 17 lechas under Dag No. 141, RR No. 100 under Gashbari Kissam of Tatelia Mouza of which Phedela Gohain(since deceased) was the recorded pattadar. On his death, his sons, Jyoti Gohain and Narayan Gohain succeeded him. Being in dire need of money they, on 16.1.1941 sold 2 bighas of land therefrom in favour of the Someswar Deka (since deceased), predecessor in interest of the defendant No. 4(ka) to 4(unga) by a registered deed of sale and delivered possession thereof to him. Eventually, Someswar Deka while in possession and enjoyment of said 2 bighas of land, being in financial distress, transferred one bigha therefrom in favour of the original plaintiff Dharmeswar Mahanta by registered sale deed No. 4397 dated 22.5.56 for a valuable consideration of Rs. 1445/ - and delivered possession of the conveyed land to him.