PROMODA INGTI SAIKIA Vs. SANJIB KUMAR DEKA

JUDGEMENT

(1.) Heard Ms. P. Bhattacharjee, learned counsel for the appellants and Mr. P. Roy, learned counsel for the respondents.

(2.) This regular second appeal is directed against the judgment and decree dated 06.03.2010 passed in Title Appeal No. 76/2008, whereby the learned Civil Judge No. 2, Kamrup, Guwahati, concurring with the finding of the learned Munsiff, dismissed the appeal and decreed the suit of the plaintiff.

(3.) The respondent herein as plaintiff filed the suit (T.S. No. 52/2005) against the present appellant as defendant praying for declaration of right, title, interest and recovery of possession. The case of the plaintiff was that the plaintiff purchased the suit land covered by K.P. Patta No. 98 and Dag No. 811 by registered sale deed No. 8265 dated 09.12.2002 and took over possession of the same and has been possessing the suit land by constructing residential house. Subsequently, the land was also mutated in the name of the plaintiff. The defendant trespassed into the suit land on 09.10.2003 demolishing the fencing constructed by the plaintiff. Hence the suit.