DEBA KR. BHUYAN AND ORS. Vs. DADHIRAM BARIK

JUDGEMENT

(1.) Heard Mr. H.K. Baishya, learned counsel, appearing for the appellants/plaintiffs and Mr. SK Ghosh, learned counsel for the respondent/defendant.

(2.) The present appellants are the plaintiffs in T.S. No. 40/1994 in the court of the learned Civil Judge, Jorhat. The suit is for declaration of the right, title and interest of the plaintiffs/appellants and for recovery of Khas possession in the event of dispossession of the plaintiffs/appellants from any part of the suit land measuring 2 Kathas 10 Lechas covered by Dag No. 330 of Periodic Patta No. 59 of Barbhita Chaporigaon under Charaibari Mouza in the District of Jorhat.

(3.) The plaintiffs/appellants are possessing the suit land contiguous to the northern side of the land covered by Dag No. 329 of the defendant/respondent. The suit land is covered by separate patta and the land of the defendant/respondent under Dag No. 329 is also under a separate patta. Way back in the year 1994 the defendant/respondent initiated proceeding under section 145 of the Cr.P.C., 1973 on the allegation that the boundary marks of the land were removed and thereafter the plaintiffs/appellants encroached over half of his said land. Vide final order in the said proceeding, the possession was declared in favour of the defendant/respondent and thereafter with the help of police and the land revenue officials the disputed land was delivered back to the defendant/respondent. It is the case of the plaintiffs/appellants that the boundary mentioned in the said 145 Cr.PC proceeding the defendant/respondent included the suit land falsely under Dag No. 330 which was all along under possession of the plaintiffs/appellants. Accordingly, the plaintiffs/appellants sought for declaration of right, title and interest of the suit land mentioned hereinabove.