KAMALA RANI TELI Vs. RAM PRASAD KEOT

JUDGEMENT

(1.) Date 01-11-2019 This second appeal by the defendant is against the judgment and decree passed by the learned Civil Judge, Nagaon in Title Appeal No. 202015, whereby the learned first appellate court dismissed the appeal and decreed the suit of the plaintiff.

(2.) The respondent as plaintiff filed the suit for declaration of right, title, interest and recovery of possession of the suit land and the compensation money of Rs. 4000-.

(3.) The case of the plaintiff was that the predecessor in interest of the plaintiff, namely, Matia Keot was the original owner of the land measuring 3 bighas and 15 lechas of Dag No. 501, land measuring 3 bighas, 2 kathas, 6 lechas of Dag No. 500, land measuring 1 katha and 15 lechas of Dag No. 535 and land measuring 16 lechas of Dag No. 534 of Patta No. 60. The plaintiff being legal heirs and successors of Matia Keot inherited the said land including the suit land. The defendant No. 1 is the owner of a plot of land covered by Dag No. 533 of Patta No. 33 and the said land covered by Dag No. 533 is adjacent to the suit Dag No. 534. During the construction of four lane National Highway, 4 lechas of land from Dag No. 534 was acquired by the Government and awarded a compensation of Rs. 4000-. The defendant, who is the owner of the adjacent Dag No. 533 has fraudulently withdrawn the said compensation amount of Rs. 4000- granted against acquisition of 4 lechas of land from Dag No. 534 belonging to the plaintiff. Having came to know such fraudulent act of the defendant, the plaintiff filed an application before the revenue authority for demarcation of Dag No. 534. The SDC measured the Dag No. 534 and found 12 lechas of land of Dag No. 534 in possession of the defendant. However, in view of resistance put up by the defendant No. 1, the SDC could not demarcate the boundary. The plaintiff also sought to settle the matter amicably in the village meeting, but the defendant did not turn up and hence the suit was filed for declaration of right, title, interest and recovery of possession and also for recovery of compensation amount of Rs. 4000-, which was illegally withdrawn by the defendant.