GANESH DAS Vs. PUTU HAZARIKA

JUDGEMENT

(1.) Heard Mr. D. Choudhury, the learned counsel for the petitioner. Also heard Mr. K. K. Mahanta, the learned Senior Counsel assisted by Mr. K. M. Mahanta, the learned counsel for the respondents.

(2.) Order dated 18.02.2014 passed by the learned Munsiff No.2, Kamrup(M) at Guwahati in Title Suit No. 160/2011 is put under challenge in this revision petition. The respondent as the plaintiff filed Title Suit No. 160/2011 in the Court of learned Munsiff No.2, Kamrup (M) at Guwahati under Section 6 of the Specific Relief Act, 1963 for recovery of possession alongwith the relief of injunction against the present defendant/ petitioner. The Schedule of the suit land described in the plaint is mentioned hereinbelow :-

(3.) It is the contention by the plaintiff/respondent that she possesses the said suit land since long and on 30.10.2010 at about 4 pm, the defendant/petitioner alongwith some labourers entered into the suit land and threatened the plaintiff's labourers and forcefully started to construct houses taking some materials of the plaintiff/respondent. Having informed about such encroachment by the defendant/petitioner, the plaintiff/respondent came to the suit land and requested the defendant/petitioner to vacate the suit land. Under Sections 145/146 Cr.P.C. proceeding was initiated which was registered as Case No. 238m/2010 but the police authority was not found to be helpful and as such, the plaintiff/respondent filed the suit within 6(six) months from the date of dispossession and accordingly, sought for the relief of recovery of possession and for permanent injunction.