MAZRUL ISLAM BORBHUYAN Vs. YACUB CIDDIKIE

JUDGEMENT

(1.) In this appeal, the appellant /Plaintiff has challenged the validity of the judgment and order dated 30.9.1991 passed by the learned Addl. District Judge, Shillong in TCA No.9 (H) 89 and also, the judgment and decree dated 20.11.1989 and 6.12.1989 respectively, passed by the learned Munsiff, Shillong in TS No. 14 (H) 89.

(2.) The facts of the case in a short compass are as follows :-

(3.) The present appellant as plaintiff instituted a suit for declaration and permanent injunction as against the defendants/respondents before the Trial Court, coupled with a prayer for a decree of declaration that the defendants have got no right, title or interest whatsoever over the sujt land including the 6 ft wide approach path leading therefrom to Bivar Road belonging to the appellant/plaintiff and also, for restraining the defendants, their agents, associates or any other persons from entering into the land of the plaintiff and from setting up any pillars, fencing or other obstructions and gates here on and/or over or and across the approach path. According to the plaintiff/appellant, his late ffather, B.U. Borbhuyan was the absolute ownar of a plot of land being No. 49 (1) situate atBivar Road, Shillong, covered by PattaNo.14 dated 30.7.1970 issued by the Deputy Commissioner, Khashl & Jayantia Hills, Shillong, and after his death the said land has devolved upon his legal heirs and that, their names had been mutated in the related land records.