BABUL DAS Vs. KANRAM DAS

JUDGEMENT

(1.) Heard Mr. DN Bhattacharyya, learned counsel, appearing on behalf of the plaintiff/ appellant and Mr. M.A. Sheikh, learned counsel, appearing for the respondents/ defendants.

(2.) This second appeal is preferred by the plaintiff/ appellant against the defendants/ respondents challenging the impugned judgment and decree dated 27.5.2005, passed in Title Appeal No. 1/1999 by the learned Civil Judge (Senior Division) Golaghat upholding the judgment and decree dated 9.12.1998, passed in T.S. No. 13/1995 by the Civil Judge (Junior Division) No.1, Golaghat. The facts of the suit in brief are that Ahina Das and Mekera Das jointly possessed 14 Bighas 2 Kathas and 3 Lechas of land covered by Periodic Patta No. 6. They divided the suit land into two equal shares and possessed separately their respective shares. On the death of Ahina Das, his share of land measuring 7 Bighas 1 Katha was inherited by his two daughters, Pahita Das and Moheswari Das. The said share of land of Ahina Das was physically possessed by Moheswari Das and her husband Kulai Das. It was also pleaded that they possessed the share of Pahita Das also.

(3.) On the death of Mekera Das, his only son, Kalu Das inherited his share of land and enjoyed it till 1990. On the death of Kalu, his three sons came to occupy the said land by way of inheritance. In the year, 1990-91, the entire land covered by Periodic Patta No. 6 was partitioned and total share of 7 Bighas 1 Katha of Ahina Das occupied by Maheswari Das and Pahita Das was covered under a new Patta i.e. Periodic Patta No. 153. The defendants/ respondents on 10.8.1991 encroached the said land measuring 7 Bighas 1 Khata covered by Periodic Patta No. 153, following which a proceeding under Section 145 CrPC was drawn up. However, the learned trial Magistrate failed to give any decision with regard to the possession of either of the parties to the suit and advised the parties to approach the civil court. Pahita Das and Maheswari Das executed a registered gift deed bearing No. 704 dated 4.4.1994 (Ext. 1) in favour of one Bubul Das, the plaintiff/ appellant No. 1.