MOKDAM ALI KHAN Vs. ABDUR RASHID MIA

JUDGEMENT

(1.) Heard Ms. B. Sarma, learned counsel for the appellant. Also heard Mr. A. A. R. Karim, learned counsel appearing for the respondent.

(2.) This second appeal is directed against the judgement and decree of reversal dated 21/07/2005 passed by the Court of Learned Civil Judge (Senior Division), Kokrajhar in Title Appeal No. 5/2004, allowing the appeal filed by the respondent by reversing the judgement and decree of dismissal dated 30/09/2004 passed by the learned Civil Judge (Junior Division), Kokrajhar in Title Suit No. 60/99, dismissing the suit filed by the respondent/plaintiff.

(3.) The case of the plaintiff, as projected in the plaint, is that his father late Oahad Ali was the absolute owner in possession of the suit land measuring 1 Bigha which forms part of the land measuring 3 Bigha 3 Kathas covered by Dag No. 174 of Patta No. 12, situated at Village-Kamandanga Kuti, Gossaigaon Revenue Circle in the district of Kokrajhar, which is the suit land. The name of the plaintiff's father was also mutated in respect of the suit land and he has been possessing the same by paying the land revenue. After the death of his father, the plaintiff being his legal heir had inherited the suit land and since then, has been enjoying the peaceful possession of the same by cultivating the land and by growing bamboo and other trees thereupon. According to the plaintiff, the defendant No.1 is his western boundary man and while constructing a house upon the said land, the defendant No. 1 had threatened to dispossess the plaintiff in the month of April, 1997, as a result of which a proceeding under Section 107/145 Cr.P.C. had to be initiated by the plaintiff before the Court of Executive Magistrate, Gossaigaon, who had finally passed an order dated 24/09/1998 directing the parties to seek relief before the Civil Court. In view of the order passed by the Executive Magistrate, the plaintiff had instituted the Title Suit bearing No. 60/99 seeking a decree declaring his right, title and interest and for confirmation of possession over the suit land.