RAM PIYARI CHAUHAN Vs. SANKAR GOWALA

JUDGEMENT

(1.) THIS second appeal has arisen out of judgment and decree, dated 28. 8. 2002, passed by the learned Civil Judge (Sr. Division), Nagaon, in Title Appeal No. 48/2000, dismissing the appeal and affirming thereby the judgment and decree, dated 30. 11. 2000, passed, in Title Suit No. 73/93, by the learned Civil Judge (Junior Division), Hojai, Sankardev Nagar, decreeing the plaintiff's suit for declaration of his possessory right and confirmation of possession over the suit land.

(2.) THE appeal was admitted for hearing on the following three substantial questions of law :

(3.) THE case of the plaintiffs may, in brief, be set out as follows : the suit land, originally, belonged to Gajen Kalita, who held a periodic patta in respect of the suit land. For more than twenty years, the plaintiff remained in possession of the suit land and enjoyed the usufructs thereof as cultivators. In course of time, Raiyati Khatian No. 58 was issued, on 28. 12. 81, in favour of the plaintiff in respect of the suit land and from that day, the plaintiff's occupied the suit land as a statutory tenant and used the suit land, in the capacity of a tenant, within the meaning of the Assam (Temporary Settled Areas) Tenancy Act, 1971 (in short, 'the Act of 1971'), under the said Gajen Kalita. In order to grab the suit land, the defendants made several attempts to dispossess the plaintiff. The plaintiff filed several criminal cases against the defendants in order to protect his interest and, eventually, he instituted a proceeding, under Section 145 Cr. PC, seeking declaration of his possession over the suit land; but the learned Executive Magistrate, on 20. 1. 88, directed the plaintiff to take recourse to the Civil Court for relief. The plaintiff accordingly instituted the suit seeking, inter alia, declaration of his possessory rights as well as confirmation of his possession over the suit land and permanent injunction, etc.