BASANTA KUMAR RAY Vs. RATNESWAR RAY

JUDGEMENT

(1.) Heard Mr. S.S. Sharma, learned Senior Counsel assisted by Mr. R.T. Mashod, learned counsel for the appellant and Mrs. R. Choudhury, learned counsel appearing for the respondent.

(2.) This appeal under section 100 CPC is directed against the first appellate judgment and decree dated 26.04.2017 passed by the learned Civil Judge, Bongaigaon in T.A. No. 15/2015 by which the judgment and decree dated 24.09.2015 passed by the learned Munsiff, North Salmara, Abhayapuri in T.S. No. 76/2010 was set aside and reversed and thereby the suit filed by the respondent/ plaintiff was decreed for eviction and recovery of khas possession. This appeal was admitted by order dated 27.04.2018 on the following 2 (two) substantial questions of law

(3.) The respondent/ plaintiff had filed a suit against the appellant/ defendant for declaration, eviction and for recovery of khas possession by projecting in the plaint that he was the owner of a plot of land measuring 2.4 lessas at Abhayapuri Town which originally belonged to the proforma defendants. It was claimed that the suit land was purchased from the proforma defendants vide registered sale deed No. 1601 dated 27.11.2000 and on obtaining delivery of possession, the suit land was mutated in the name of plaintiff/ respondent jointly with the proforma defendants (vendors). In course of time, the original patta was converted to new patta No.163. It is projected that after obtaining delivery of the suit land, the plaintiff/ respondent had renovated the old house standing thereon and started stationary business from the same. The house had been allotted holding No. 215 of Abhayapuri Municipality Ward No.2. It is projected that in order to give employment to his younger brother, the plaintiff/ respondent allowed the appellant/ defendant to manage and run his business. After carrying out business for 4-5 years, the defendant got separated from the respondent after his marriage and ousted the respondent from the suit premises by claiming that the suit premises belonged to him. Accordingly, the suit for declaration of his right, title and interest was filed by the respondent in respect of suit premises, claiming recovery of khas possession after eviction of the appellant/ defendant.