RAJANI RAJBANGSHI Vs. NATGHAR

JUDGEMENT

(1.) This regular second appeal is by the defendant against the judgment and decree passed by learned District Judge, Nalbari in Title Appeal No. 6/2006.

(2.) The respondent Nos. 1 to 4, as plaintiffs filed the suit (T.S. No.33/2004) for declaration of right, title, and interest and recovery of possession of the suit land. The case of the plaintiff was that the proforma defendant No. 6 was the owner of the suit land. He gifted the suit land by a registered deed to the plaintiffs and delivered possession. It was also stated that the proforma defendant No. 5, Tangalu Das, who was in possession of the suit land, vacated and handed over possession to the plaintiff, in view of the execution of the gift deed by the proforma defendant No. 6. Accordingly, the plaintiffs have been possessing the suit land for the purpose of constructing a "Natghar" (theatre house).

(3.) The defendant contested the suit by filing written statement and also raised a counter claim seeking declaration of title and confirmation of possession. The pleaded case of the defendants was that they purchased the suit land from proforma defendant No. 5, Tangalu Das by a kacha deed (unregistered document) and have been possessing the same for more than 12 yrs. It was also pleaded case of the defendants, that they have acquired title over the suit land by adverse possession for more than 12 years with the knowledge of the plaintiffs. The proforma defendant Nos. 5 and 6 by filing separate written statement supported the case of the plaintiffs. In his written statement, the proforma-defendant No. 5, Tangalu Das clearly stated that he vacated the suit land and delivered possession to the plaintiffs, as the owner, the proforma defendant No. 6 gifted the suit land to the plaintiffs, for promotion of art and culture. On the basis of the above pleadings of the parties, learned trial court framed the following issues :-