MD. NUR ISLAM Vs. ANJIR ALI

JUDGEMENT

(1.) AND ORDER (Oral) - Heard Mr. A.K. Hussain, learned counsel, appearing for the appellant. On the other hand, though the names of the learned counsel, appearing on behalf of the respondent have been shown in the cause list, however none has entered appearance at the time of taking up this matter.

(2.) Considering that the matter is pending since the year 2004, the matter is taken up for hearing and its final disposal.

(3.) The present appellant is the defendant in T.S. No. 104/1993 filed by the respondent/plaintiff-Club, for declaration of its right, title and interest over the suit land. The case of the plaintiff/respondent-Club, represented by its Secretary, is that the said Club is an association registered in the year 1978 under the Registration of the Societies Act. The members of the plaintiff/respondent-Club found a plot of land covered by Dag No. 77 of Village Chatla under Mouza-Sarukhetri and the plaintiff-Club through its members took the possession of the said plot of land in the year 1979. On 14.6.1988, the plaintiff-Club through its members filed an application before the Deputy Commissioner, Barpeta for allotment of the said plot of land, which is the suit land. The Deputy Commissioner, Barpeta after receiving the said application placed the said petition before the Land Advisory Board, Barpeta on 16.4.1988 for consideration. The Board approved the settlement of the said land covered by Dag No. 77 of Village Chatla on 12.6.1990 and passed formal order for allotment of the land in favour of the plaintiff-Club and the authority formally delivered possession of the land to the plaintiff-Club on 31.10.1990. Thereafter, the members of the Club constructed a house and dug a fishery on the back side of the said house over the suit land. On 5.11.1990, the defendant/appellant with a mala fide motive prayed before the District Magistrate, Barpeta to draw up a proceeding under Section 145 Cr.P.C., 1973 against the members of the plaintiff-Club on the ground that he was dispossessed from the said suit land. The learned Magistrate, after recording the evidence of the witnesses and after hearing the parties, declared the possession of the plaintiff Club over 90 Lechas of land and 10 Lechas of land in favour of the defendant/appellant. It is pertinent to mention herein that the suit land is 1 (one) Bigha in area. The learned Magistrate passed an order of attachment and the possession was delivered to the plaintiff-Club. The said order which was passed on 11.12.1991 was challenged in a revision proceeding before the learned District and Sessions Judge, Barpeta. The same was disposed of on 25.5.1993 by reversing the order of the learned Magistrate declaring the possession of the defendant/appellant over the total land measuring 1 (one) Bigha. The plaintiff/respondent filed another revision application before this court which was dismissed. It is the case of the plaintiff that though the possession was declared in favour of the defendant/appellant, but even then they maintained the possession over the suit land as the same was delivered by the learned Magistrate after passing the order dated 11.12.1991. The defendant/appellant is threatening the members of the plaintiff/respondent Club and as such they preferred the suit for declaration of right, title and interest and permanent injunction over the suit land.