SURATUN NESSA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. PK Deka, learned counsel, appearing on behalf of the appellants/ plaintiffs and Mr. CKS Baruah, learned Government Advocate, Assam, appearing on behalf of the State of Assam.

(2.) The appellants are plaintiffs in Title Suit No. 41/1994 filed for declaration of right, title and interest, confirmation of possession and for permanent injunction against the defendants/ respondents. It is the case of the plaintiffs/ appellants that they have been occupying the suit land for more than 30 years by paying touzi fees to the Government. The deceased- husband of the plaintiff/ appellant No. 1 and the plaintiff/ respondent No. 2 took steps by filing various petition for settlement of the suit land in their favour and during the pendency of the process of settlement, the Sub-Divisional Officer (C) Hojai issued notices to the plaintiffs/ appellants under Rule 18 (2) of the Settlement Rules under the Encroachment Case No. 3/90-91.

(3.) Being aggrieved, they preferred an appeal before the Assam Board of Revenue, which directed the SDO (C), Hojai for consideration of the case of the plaintiff/appellants afresh. Yet the defendant/ respondents again issued notice under Rule 18 (2) of the Settlement Rules vide Misc. Case No. 21/94-95 and on receipt of the said notice, the plaintiffs/appellants submitted another application against the ejectment but no reply has been received. Finding no alternative, they moved a writ petition before this court which was registered as Civil Rule No. 2414/94 and this court was pleased to issue Rule and further directed the defendants/ respondents to consider the claim of the plaintiffs. In pursuance of the said order of this court, the plaintiffs/ appellants moved an application on 1.7.1994 before the defendant/ respondent No. 2 for disposal of their application for settlement of the suit land but no orders have been passed. The plaintiffs/ appellants have been openly occupying and residing on the suit land since long and thus acquired the right, title and interest over the suit land as well as for confirmation of the possession and for permanent injunction.