RAJU SAHA Vs. S DEV NATH

JUDGEMENT

(1.) HEARING and disposed of this Appeal earlier without formulating any substantial question of law was faulted seriously for, it amounted to assumption of jurisdiction by this Court u/s. 100 of Code of Civil Procedure, 1908. Granting a leave and setting aside the judgment and Order dated 06. 08. 2004, the Hon'ble Apex Court remitted back the case for disposal afresh in accordance with law providing a liberty to this Court to frame the substantial question of law. On perusal of record, it is found that this Court, in fact, at the time of admission of the Appeal, formulated the following substantial question of law on 24. 09. 1997 :

(2.) THE brief facts of the instant case are as follows : The plaintiff, one Smti. , Sailabala Nath instituted Title Suit No. 82/84 in the Court of the Munsiff No. 1, Tezpur, praying for a decree for permanent injunction restraining the defendants in the suit from disturbing the peaceful possession of the plaintiff over the suit land. According to the plaintiff, she had purchased possessory rights over the suit land from one, Haji Monruj Ali and according to the plaintiff, she had remained in possession of the suit land all along on payment of rent to the owner. On 09. 08. 1984, the plaintiff received a notice from the defendants that they had purchased the suit land from the original owner and, therefore, the plaintiff was required to vacate the suit land on or before 27. 08. 1984. Accordingly, the suit in question was filed caliming the reliefs already noticed. The defendants contested the suit by filing a written statement denying the claim made by the plaintiff. In the written statement filed, the defendants set up a counter claim of right, title and interest over the suit land by purchase and a right to have vacant possession of the same land by evicting the plaintiff therefrom.

(3.) HEARD Mr. T. C. Khatri, learned Senior counsel, assisted by Mr. A. K. Ray, learned counsel, for the appellants. Also heard Mr. B. C. Das, learned senior counsel, assisted by Mr. S. C. Biswas, learned counsel, appearing for the respondents.