JANAKI DAS Vs. SANTOSH KUMAR DAS

JUDGEMENT

(1.) Heard Mr. G.C. Phukan, learned counsel appearing for the appellants/ defendants. Also heard Mr. SK Ghosh, learned counsel, appearing for the sole respondent.

(2.) The present appellants are the defendants in T.S. No. 13/1993 in the court of the learned Civil Judge (Junior Division), Sankardev Nagar, Hojai which was filed by the plaintiff for declaration of right, title, interest, confirmation of possession and recovery of khas possession and permanent injunction.

(3.) The facts on the basis of which the plaintiff/ respondent filed the suit is that he is the owner and possessor of land measuring 1 Bigha out of total land 1 Bigha 3 Kathas 4 Lechas covered by Dag No. 181 of Annual Patta of village Lanka Gaon Kissam under Mouza Lanka in the District of Nagaon. In the year 1981, the plaintiff/ respondent purchased the suit land from its original possessor, Bideshi Rajput by way of registered sale deed No. 4859 dated 5.6.1981. The possession was delivered to him by the said vendor. The plaintiff/ respondent has been possessing the land by paying the land revenue regularly. On 25.08.1990 the defendant/ respondent Nos. 1 and 2 accompanied by some persons trespassed into the schedule -A land of the plaintiff/ respondent and started constructing kutcha house thereby dispossessing the plaintiff/respondent from 3 Kathas out of the schedule -A land measuring 1 Bigha. An application was filed before the learned Executive Magistrate, Sankardev Nagar for drawing up proceeding under Section 144/ 145 of the Cr.P.C. During the pendency of the said application, the suit was preferred with the reliefs mentioned hereinabove.