DALA SINGHA Vs. RAM KR. SINGH

JUDGEMENT

(1.) Heard Mr. P. K. Kalita, the learned Senior Counsel assisted by Mr. K. R. Barooah, the learned counsel for the appellants. Also heard Mr. A. K. Talukdar, the learned counsel for the respondents.

(2.) The present appellants as the plaintiffs filed Title Suit No. 48/1986 in the Court of Assistant District Judge, Karimganj against the defendants/respondents for declaration of their right in respect of the second schedule suit land. One Bhagirat Singha alongwith others got settlement of land mentioned in first schedule of the plaint from Bhupendra Chandra Deb Burma and others by a registered Kabuliyat dated 22.04.1952. After the settlement, they possessed the same. The settlement holder left behind the present plaintiffs/appellants as heirs. The defendant respondent No.1, late Krishnamohan Singha and on his death his legal heirs had no right, title and possession over the suit land but surreptitiously managed to record his name in the final khatian without the knowledge of the plaintiffs/appellants. The second schedule suit land out of the first schedule land was acquired by the Government in connection with Land Acquisition Case in the Office of the Deputy Commissioner, Karimganj for ONGC and an amount of Rs. 51,000/- was sanctioned as compensation. The plaintiffs/appellants preferred claim for compensation but there being claim by the defendants/respondents, the Deputy Commissioner, Karimganj as the Land Acquisition Officer directed the present plaintiffs/appellants to file a civil suit within 30 days from the date of the notice for establishing their right over the land involved in the Land Acquisition Case. Accordingly, the suit was filed.

(3.) Krishnamohan Singha as the defendant No.1 during his life time filed written statement taking the stand that there is no cause of action, the suit is barred by limitation and bad for waiver, estoppels and acquiescence. It is the defence that he executed a Kabuliyat registered on 10.10.1957 for the suit land in favour of the landlord Maharaja Kirit Bikram Manikya Bahadur of Tripura and after obtaining settlement exercised exclusive possession till 28.01.1976 on which date delivered advance possession of the second schedule land in presence of Collector, Karimganj. Final khatian was also issued. After observing required formalities the land was delivered to ONGC and legally sanctioned compensation for the acquisition of the land. The plaintiffs/appellants had no right, title over the suit land nor possession and as such, sought for the dismissal of the suit. The defendant No.1 died during the pendency of the suit and his legal heirs the present respondents were substituted.