TAJAMUL ALI Vs. JAIFAR ALI

JUDGEMENT

(1.) Heard Mr. P.K. Deka, learned counsel appearing on behalf of the appellants. Also heard Mr. M. H. Rajbarbhuiya and Ms. S. Rasul, learned counsel appearing on behalf of the plaintiffs/respondents.

(2.) The present appellants are the defendants in Title Suit No.54/2004 in the Court of then learned Civil Judge (Junior Division) No.1 at Hailakandi which was preferred by the plaintiff/respondent for recovery of the suit land on the basis of title thereon and for permanent injunction. It is the case of the plaintiff/respondent that he purchased the suit land measuring 3 kathas 10 gondas from one Mokbul Ali by a registered sale deed No. 3106 dated 13.04.1978 (Exhibit-1). On 17.03.1992, the defendants/appellants trespassed into his land and caused mischief by damaging the standing vegetables on the southern boundary of the suit land and thereafter on the basis of the FIR, GR Case No. 325/1992 was registered under Sections 143/447/427 of the IPC and the learned Chief Judicial Magistrate, Hailakandi vide his judgment dated 05.07.1996, convicted the defendants/appellants. As against the said judgment of conviction they preferred an appeal and vide judgment and order dated 25.9.1996 the appeal was allowed thereby acquitting the defendants/appellants. Thereafter on 30.9.96, the plaintiff/respondent was dispossessed. Hence, the plaintiff has brought the suit for recovery of possession on the basis of his title.

(3.) The defendants/respondents contested the suit by filing written statement and denied the pleadings of the plaintiffs/respondents. The fact that the plaintiffs/respondents purchased the suit land from Mokbul Ali on 13.04.1978 was denied.