CHANDRADHAR KALITA Vs. ROHIT KALITA

JUDGEMENT

(1.) Heard Mr. P. J. Phukan, the learned counsel appearing on behalf of the appellant. Also heard Mr. C. Baruah, the learned counsel appearing on behalf of the respondent. The present appellant is the defendant in Title Suit No. 4/2001 which was filed by the respondent/plaintiff in the Court of Civil Judge (Jr. Division), Rangia for declaration of his right, title and interest and for delivery of possession by evicting the defendant/appellant.

(2.) It is the case of the plaintiff/respondent that he himself and the defendant/appellant are the sons of late Dumahu Ram Kalita of village Madhukuchi under PS Rangia in the district of Kamrup. He is an employee of BSNL and as such his service is transferable. The defendant/appellant resides at their ancestral village Madhukuchi and on the other hand since the year 1972 the plaintiff/respondent has been residing at Rangia town. During the service period, the plaintiff/respondent purchased the land described in Schedule A-I to A-VII of the plaint which forms the suit land from various persons. Except Schedule A-I land the name of the plaintiff/respondent has been mutated in the other suit land. The defendant/appellant approached the plaintiff/respondent to allow him to look after the suit land and the plaintiff/respondent allowed him to look after the suit land as a caretaker. But when in the month of April, 2000 the plaintiff/respondent accompanied by his eldest son requested the defendant/appellant to vacate the land on the ground that the same would be looked after by the son of the plaintiff/respondent the defendant/appellant stopped them from entering into the suit land. A proceeding under Sections 145/146 of the Cr.P.C. was initiated before the Executive Magistrate at Rangia and in the meantime the defendant/appellant inducted the defendant Nos. 2 & 3 and allowed them to cultivate over the suit land. Finding no other alternative, the plaintiff/respondent preferred the suit seeking the reliefs herein above.

(3.) The defendant/appellant along with the other defendants filed their joint written statement taking the plea that the suit land is the joint family property of the plaintiff/respondent and the defendant/appellant including the other members of the joint family. Their father was the "Karta" who purchased the suit land "benami" in the name of the plaintiff/respondent on the consideration that he was the eldest son. It is also pleaded that the defendant/appellant along with his elder brother, Umesh Kalita also contributed to the common pool of joint family fund from which their father purchased the suit land. The defendant Nos. 2 & 3 are occupancy tenants of the suit land and hence they cannot be evicted from the suit land. Therefore, the defendant/appellant prayed for dismissal of the suit with costs.