MUKUT DOLOI Vs. STATE OF ASSAM AND ORS.

JUDGEMENT

(1.) Heard Mr. MA Sheikh, learned counsel appearing for the appellant/plaintiff. Also heard Mr. PK Roy Choudhury, learned counsel, appearing for the respondent Nos. 6 and 7 and Ms. K. Phukan, learned Junior Government Advocate, Assam, appearing for the respondent Nos. 1 to 5.

(2.) The present appellant is the plaintiff in Title Suit No. 17/2018 in the court of the learned Civil Judge (Junior Division) No. 2 at Morigaon who filed the suit against the present respondents as defendants for declaration of his possessory right to occupy the suit land described in Schedule -A of the plaint and for a precept to the respondent Nos. 1 to 5 to allot the suit land in favour of the plaintiff/appellant on payment of premium and decree for permanent injunction restraining the defendants/respondents Nos. 6 and 7 from encroaching the Schedule A land etc.

(3.) The plaintiff/appellant is possessing the land measuring 1 Bigha 2 Kathas 10 Lechas out of total 123 Bighas of land covered by Government Dag No. 259 of Alichinga Kissam under Uttarkhola Mouza in the District of Morigaon. His father possessed the suit land by cultivating therein since 35 years back by clearing jungles and on attaining majority, the plaintiff/appellant continued the possession over the suit land by constructing his dwelling houses thereon. The defendant/respondent Nos. 6 and 7 accompanied by local police officials during absence of the plaintiff/appellant who was in jail demolished his dwelling house and threatened the wife of the plaintiff/appellant not to repossess the suit land. The plaintiff/appellant approached the Revenue authority of Morigaon for allotment of the suit land in his name but there was no response from the said authority. The defendant/respondent Nos. 6 and 7 are trying to evict the plaintiff/appellant from the suit land. Hence he filed the suit seeking the reliefs mentioned here in above.