JYOTSNA RANI GHOSH Vs. GARIB SHA NAWAS

JUDGEMENT

(1.) This matter has been taken up for hearing at the admission stage. Heard Mr. G.P. Bhowmik, the learned Senior Counsel assisted by Mr. R. Hazarika, appearing for the petitioner and Ms. R. Choudhury, the learned Counsel for the respondent.

(2.) The order dated 07.01.2017 passed by the learned Civil Judge, Dhubri, in T.S. No. 2/2001 is impugned in this application under Article 227 of the Constitution of India, by which the petition filed by the petitioners/ plaintiffs under section 30 read with section 151 of the Civil Procedure Code to be permitted to adduce additional evidence to prove Sale Deed No. 330 dated 1.6.1988, was rejected.

(3.) As projected in this application, the case of the petitioners is that they were the owners of land measuring about 12 bigha- 11 katha- 15 dhur (equivalent to 12 Bigha- 2 katha- 19 lechas) of Touzi No.5, under Parbotjoar cum Chapar acquired estate, Bilasipara, now under Bilasipara Circle, which is the land described in Schedule-A of the plaint. However, in the month of February, 1983, the original defendant had dispossessed the plaintiffs from 1 bigha- 2 katha- 9 lechas of land. The respondents/ defendants were again trying to grab the suit land measuring 2 bigha- 2 katha- 4 lechas, shown in Schedule-B of the plaint, which is within Schedule-A land. However, taking advantage of the dismissal of suit instituted by the petitioners for non- prosecution, the respondents- defendants had constructed a C.I. Sheet Chapra house in Schedule-C and Schedule-D land, which forms part of land described in Schedule-B. In the plaint of T.S. No. 2/2001, the petitioners/ plaintiffs had prayed for the following reliefs:-