ATUL SARMA Vs. BHABEN CHANDRA PEGU

JUDGEMENT

(1.) THIS second appeal is directed against the judgment and decree dated 28.7.2006 passed by the learned Court of Civil Judge (Senior Division) No. 2, Kamrup, Guwahati in Title Appeal No. 92 of 2005 affirming the judgment and decree dated 30.9.2005 passed by the learned Civil Judge (Jr. Division) No. 2, Kamrup, Guwahati in Title Suit No. 272 of 1996.

(2.) HEARD Mr. B.K. Goswami, learned senior counsel assisted by Mr. D. Baruah, learned Counsel for the Appellant -Defendant and Mr. S.K. Barkataki, 0learned Counsel for the Respondent -Plaintiff.

(3.) THE Appellant -Defendant contested the suit by filing a written statement raising the statutory grounds of limitation, non -joinder of parties, estoppel, waiver and acquiescence. He also pleaded that he purchased a plot of land measuring 4 kathas, 6 lechas by way of executing the registered sale deeds No. 5112 dated 6.6.1981 and No. 5114 dated 16.6.1981 at Village -Hengrabari under Beltola Mauza in the district of Kamrup covered by K. Patta No. 144, Dag No. 292 (Part Dag No. 665). He got his name mutated for the said land vide Mutation Case No. 771/84 -85. The Defendant denied right, title, interest and possession of the Respondent -Plaintiff over the suit land through the sons of Babul Ali. According to the Appellant -Defendant, the land revenue staff led by senior ASO, demarcated the suit land and delivered physical possession to him on 27.2.1996 and thereafter he raised boundary wall under police protection. But subsequently the Respondent -Plaintiff in collusion with others instituted proceeding under Section 144, Code of Criminal Procedure and taking advantage of the order of status quo, started construction of RCC building over the suit land and prayed for dismissal of the suit with cost.