BULON DEY Vs. GOUR DAS

JUDGEMENT

(1.) Heard Mr. I. Islam, the learned counsel for the petitioner. Also heard Mr. P. J. Saikia, the learned counsel for the respondents.

(2.) In this revision application judgment and decree dated 08.11.2013 passed in Title Suit No. 28/2009 by the learned Court of Minsiff No.1, Cachar at Silchar is put under challenge. The present petitioner is the plaintiff in the said suit which was filed under Section 6 of the Specific Relief Act, 1963 for recovery of possession of the suit land against the present respondents. It would not be out of place to mention here that two of the defendants/ respondents are minor children of the defendants/ respondents No. 1 and 2. The plaintiff/ petitioner's case is that the land measuring 2 Kathas, 8 Chatak is covered by 2 nd R.S. Patta No.17 and Dag No. 93 of Mouza- Ramnagar Part- IV. He is the absolute owner of the said property on the strength of a registered sale deed bearing No. 448 dated 17.07.2007 executed by the learned Court of Munsiff, Cachar in Title Execution Case No. 12/2007 and after execution of the said sale deed possession was delivered to the petitioner through due process of law by the Executing Court. On the night of 05.01.2009 it is alleged that the defendants/respondents trespassed over the said land causing damage to the bamboo fencing and other standing trees. FIR was lodged at Silchar P.S. which was registered as Silchar P.S. Case No.31/2009 under Sections 447/427/379/34 IPC which as per the pleading investigation was pending on the date of filing the suit. Hence, the suit.

(3.) The defendants/respondents entered appearance and pleaded that the defendant/respondent No.1 purchased land measuring 7 Kathas of Dag No. 93 of 2 nd R.S. Patta No. 17 of Mouza- Ramnagar Part-IV from one Ajit Deb who is the brother-in-law of the plaintiff/petitioner. The said sale was carried by way of a Bainamapatra dated 20.12.1997 and the said vendor Ajit Deb promised that he would execute the sale deed within one year and the possession was delivered to him. However, the said Ajit Deb failed to honour his commitment by completing the sale transaction. On 10.12.2008 the Court Officials alongwith staff from Land Revenue Department dispossessed the defendants/respondents whereafter on enquiry he could come to know that the wife of Ajit Deb executed a Bainamapatra to sell the same land which was the subject matter of Binamapatra dated 20.12.1997 and was enforced by the Court in a suit bearing Title Suit No.496/2006 and as a result the sale deed was executed by the Court and possession was delivered to the plaintiff/petitioner. After such dispossession the defendants/respondents constructed the temporary shed over the Government land nearby the river embankment and as such the plaintiff has no right, title and interest over the land under the possession of the defendant/respondent.