TARUN SAHARIA Vs. BHANDU RAM BORO

JUDGEMENT

(1.) Heard Mr. P. Bhattacharjee, learned counsel for the petitioners/ plaintiffs. Also heard Mr. S. Chauhan, learned counsel appearing for the respondents/defendants.

(2.) By this application under Article 227 of the Constitution of India, the petitioners call into question the order dated 17.04.2017 passed by the learned Munsiff, Udalguri in Title Suit No.12/2015 dismissing the petition filed by the petitioners/plaintiffs seeking a Commission for local investigation of the suit land. The plaintiffs had filed the suit for declaration, recovery of khas possession as well as for permanent injunction.

(3.) Case of the plaintiffs, in brief, is that land described in Schedule-A to the plaint measuring 22 Bighas 1 Katha 4 Lechas, which was initially an annual patta land, was converted to periodic patta land in favour of Parshu Ram Saharia, the predecessor-in-interest of the plaintiffs. On the death of Parshu Ram Saharia, his son Jaggu Ram Saharia, inherited the Schedule-A land and he was also in possession of the same by raising paddy and other seasonal crops and his name was mutated in the land records. The plaintiffs are the surviving successors-in-interest at the time of filing of the suit. Schedule-B land measuring 3 Kathas out of Schedule-A land was allowed, on humanitarian considerations, to be used by the defendant Nos.1 and 2 when they approached the plaintiffs in the month of January, 2009 to run tea stalls by erecting temporary sheds. However, behind the tea stalls, the defendant Nos.1 and 2 constructed residential houses and started living thereon from the year 2014. On request being made to vacate, the defendant Nos.1 and 2 refused to vacate the same and on the contrary, other defendants, wrongly recorded as defendant Nos.3, 4 and 5 instead of defendant Nos.3 and 4, were inducted to erect new sheds in the month of August, 2014.