HAFIJUR RAHMAN Vs. BHAGVAN GOWAL

JUDGEMENT

(1.) This Second Appeal arises out of the Judgment dated 10.11.89 passed by the learned Assistant District Judge, Barpeta in Title Appeal No. 14/87. By the impugned Judgment the learned Assistant District Judge reversed the Judgment and decree dated 9.2.87 passed by the learned Munisiff No. 2, Barpeta in Title Suit No. 28/80.

(2.) The appellant herein as plaintiff instituted a suit for declaration of title and for khas possession by evicting the defendants.

(3.) The case of the plaintiff was that he purchased the suit land on 22.11.82 from the proforma-defendant No. 4 and got possession thereof, but the defendants on 27.11.82 threatened to dispossess the plaintiff from the land and as such the plaintiff found no alternative but to institute a proceeding under Section 145 Cr.P.C. Thereafter the defendants dispossessed the plaintiff from the suit land. In that proceeding under Section 145 Cr.P.C. possession was declared in favour of the defendant. Hence this suit.