R K RABIDAS Vs. SHRINATH GOALA

JUDGEMENT

(1.) The judgment and order dated 23.7.86 and 1.8.86 passed by the learned Asstt. District Judge No. 2, Cachar at Silchar in Title Appeal No. 150 of 1981 reversing the judgment and decree dated 6.8.81 and 14.8.81 passed by the Sadar Munsiff No.2, Silchar in Title Suit No. 168 of 1979 is the subject matter under challenge in this Second Appeal. This appeal is preferred by the plaintiffs as against the defendants of the suit.

(2.) The facts of the case in a very short compass are as follows : Originally, a suit was instituted by Smti. Lakpati Rabidas, now deceased, under Title Suit No. 168 of 1979 before the Court of Sadar Munsiff No. 2, SiJchar, for declaration of her right, title, interest as well as confirmation of possession over the suit land by contending inter-alia, that the suit land having an area of 2 (two) bighas appertaining to Dag No. 404 of 2nd R.S. Patta No. 87 1/3 was purchased by the plaintiffs predecessor Gurbin Rabidas and since then, she had been in possession of the same and, after the death of Gurbin Rabidas the original plaintiff (wife of Gurbin Rabidas) became the original owner of the suit land by right of inheritance and after the death of the original plaintiff, the present plaintiffs who are the nephews of Gurbin Rabidas inherited the suit land and since then, they have been possessing the same. According to the present plaintiffs, late Gurbin Rabidas, during his 1 ifetime established a "Thola" of Sri Sri Kalimata on the suit land and the dead bodies of late Gurbin Rabidas and his wife, the original plaintiff, were also buried in a portion of the suit land. It is also the case of the plaintiffs that the present defendants/respondents herein attempted to dispossess the plaintiffs from the suit land. Hence, the present suit for declaration of their title as well as confirmation of possession over the suit land.

(3.) The case of the plaintiffs was contested by the defendant Nos. 1, 2, 3 and 4 by filing written statement and contending inter alia that, the suit land appertains to R.S.Dag No. 143/ 999 corresponding to private garden Dag No." 262 and, the said R.S. Dag No. 143/999 have been carved out and thus covered under 2nd R.S. Dag No. 404. One Mahabir GoaLa purchased a big area of land from Silcoorie Garden malik by a registered Kabala and the garden authority prepared maps of different plots and delivered khas possession to Mahabir Goala alongwith the others. The land under Dag Nos. 143/999 corresponding to private Dag No. 262 is also part and parcel of the land so far purchased by the said Mahabir Goala from garden malik and that, the defendant No.1 purchased (the said land under Dag Nos. 143/ 999 corresponding to private Dag No. 262 from Mahabir Goala for valuable consideration under a registered Kabala dated 29.1.51 and the defendant Mo. 1 got delivery of khas possession of the suit land alongwith other land from his vendor and that, the defendant No. 1 alongwith his three sons namely defendant No. 2 to 4 constructed permanent home on one part of the purchased land and they planted bamboos, other trees and grew sangrass on the suit land and have been enjoying the usufruct thereof.