HALADHAR SARMA Vs. ASSAM GO-SEVA SAMITY

JUDGEMENT

(1.) THIS appeal is by the defendant. The brief facts of the case are:

(2.) THE defendant has filed a written statement and contested the suit. He has admitted that the plaintiff is a registered society. He took several pleas in the written statement, such as that the suit was not maintainable, that it was barred by limitation, that the plaintiff had no locus standi to bring the suit and that there was no cause of action for the suit. He admitted that 99 and odd Bighas of land had been donated by the original owner to the Assam Bhudan Samiti. But his case was that the Bhudan Samiti made allotments of that land to different persons including himself and that 30 Bighas of the land was allotted to him and he constructed a dwelling house on that land and he was occupying the same. He says that the suit premises belonged to him and not to the plaintiff -society.

(3.) THE first submission made by Shri B. Sarma, learned Counsel appearing for the appellant, is that the suit has not been properly framed and valued. The material prayer of the plaintiff is "that the Samiti be awarded possession of the house described in the schedule to the plaint on eviction of the defendant and his persons therefrom." In para 9 of the plaint the plaintiff valued the suit for the purpose of court's jurisdiction at Rs. 5000/ -. Shri Sarma submits that as declaration of title to the house is not possible without a declaration of plaintiff's title to the land on which the house has been built, the frame of the suit and its valuation have been improper as the suit, counsel submits, ought to have been for a declaration of title to the land on which the house is situated as well as to the house. I am unable to accept the submission of the learned Counsel, for, it is conceivable that declaration of title to a house is possible without declaration of his title to the land on which the house is situated. In the instant case if the plaintiff is otherwise able to establish his title to the house in question, he will get a decree, else his suit will fail. In my opinion the frame of the suit is not bad for want of declaration of plaintiff's title to the land in question. The submission of the appellant has no substance.