BISHNU THAPA Vs. KHEM BAHADUR THAPA

JUDGEMENT

(1.) This second appeal by the defendant is against the judgment and decree dated 12.8.2008 passed by learned Civil Judge, Sonitpur in T.A.No. 20/2007, whereby the learned Civil judge concurring with the finding of the learned Munsiff, decreed the suit of the plaintiff in T.S. No. 15/2000.

(2.) The respondent herein, as plaintiff, filed a suit (T.S. No. 15/2000) for declaration of title, recovery of possession and permanent injunction. The case of the plaintiff was that he purchased the suit land measuring 6 bigha 12 lechas covered by dag No. 727(old)/237 (new) and patta No. 215 and 262 (old)/282 (new) by registered sale deed No. 1014 dated 24.04.1976. The plaintiff also purchased 1 bigha 10 lechas of land covered by dag no. 724 (old) 236(new) of P.P. No. 103 by registered sale deed No. 10216 dated 17.05.1976 and took possession of both the lands. The plaintiff entrusted the defendants being his own brothers to look after the said land. However, in the year 1994, when the plaintiff asked the defendants to vacate the land for his own use and occupation, they requested the plaintiff to allow them to cultivate the land for 2/3 more years and promised to vacate the same. However, when the plaintiff requested the defendants to vacate the land again in the year 1998, they refused to vacate the suit land and hence the suit was filed. The pleaded case of the defendants, was that the suit land was purchased by the father of the plaintiff and the defendants in the name of the plaintiff, out of the family income contributed by all the members of the family, and as such, the plaintiff was not the exclusive owner of the suit land. Actually the suit land was the joint family property, whereupon the plaintiff did not have any exclusive title. It was also the case of the defendants that the plaintiff relinquished his right over the suit land by accepting Rs. 90,000/- from the defendants and therefore, the plaintiff did not have any right, tile and interest over the suit land. On the basis of the above pleadings, learned trial court framed the following issues :-

(3.) Both the parties adduced evidence and after hearing both sides, learned Munsiff decreed the suit in favour of the plaintiff.