LUTFA BEGUM Vs. HAFIZUR RAHMAN

JUDGEMENT

(1.) Heard Ms. S. Senapati, the learned counsel for the appellant. This appeal under section 100 of the Civil Procedure Code, is directed against the first appellate judgment and decree dated 26.09.2017 passed by the learned Civil Judge, Dhubri, in Title Appeal No. 28 of 2015, thereby dismissing the appeal and upholding the judgment and decree dated 17.3.15 passed by the learned Munsiff No.1, Dhubri, in Title Suit No. 122/2013. The appellate judgment was passed in common with Title Appeal No. 27 of 2015.

(2.) The Respondent No.1 herein, Md. Hafizur Rahman had instituted TS No.122/2013 for declaration of right, title, interest, cancellation of sale deed, correction of records, eviction and permanent injunction, inter-alia, projecting in the plaint that the proforma defendant No.1 was the owner of the suit land described in Schedule-A, which he sold to defendant No.2 vide registered sale deed No. 316/1997 and the defendant No.2 had been possessing the same. The defendant No.2 then gifted the land to the proforma defendant No.2 vide registered gift deed No. 2533/09, who in turn sold the same to the plaintiff vide registered sale deed No. 2541/2009 dated 23.07.2009. It was also projected that on taking possession of the suit land on the same day, the plaintiff constructed a 'sapra' house on it and constructed a bamboo fencing around the land. The land records was corrected by inserting his name in the land records by virtue of order dated 07.08.2009 in Misc. Case No. DM(PS) 252/2009 passed by the defendant No.3. However, the defendant No.1 trespassed into the suit land and constructed a 'sapra' house with CI Sheet roof. On his complaint, Dhubri P.S. Non- FIR case No. 154/Pt.1/2011 under section 107/144 Cr.P.C. was registered. On 09.09.2011, the defendant No.1 dispossessed the plaintiff from the suit land and demolished the 'sapra house' and bamboo fencing. The plaintiff came to know about the Sale Deed No. 652/2011 dated 27.05.2011 executed by Defendant No.2 in favour of defendant No.1. The plaintiff lodged an FIR and the police after investigation charge-sheeted the defendants No.1 and 2 and others under section 420/ 447/ 427/506/34 of the Indian Penal Code. Hence, the suit.

(3.) Both the appellant/defendants No.1 and defendant No.2 contested the suit by filing their separate written statements. It was, inter-alia, claimed that the defendant No.2 derived title only in respect of 10 lechas land by registered sale deed No. 316/1997 executed by the proforma defendant No.1, which she sold it to the appellant/ defendant No.1 vide registered sale deed No. 652/2011. It was stated that the proceedings under section 107/144 of Criminal Procedure Code was already dropped.