MD ABDUL LATIF Vs. TRIDIP ROY

JUDGEMENT

(1.) This is an appeal against the judgment and decree dated 16.09.2017 passed by the learned Court of Civil Judge, Sonitpur in Title Appeal No. 35/2012. By the impugned Judgment, the learned Civil Judge had confirmed the judgment and decree dated 19.11.2012 passed in Title Suit No. 103/2006 by the learned Munsiff No. 1, Tezpur. The appellant is the defendant No. 1 in the suit.

(2.) The facts of the case in brief is that the respondent as plaintiff had instituted the suit for declaration of right, title and interest and recovery of khas possession. The case projected by the plaintiff is that the plaintiff had purchased a plot of land measuring 1 katha 5 lessas from one Karimun Nessa vide registered Sale Deed dated 03.03.1997. Pursuant to such purchase, the plot was mutated in the name of the plaintiff and he has been regularly paying the Land Revenue. The plaintiff also claims to have constructed boundary pillars on the suit land and use to visit the same often.

(3.) The plaintiff alleges that on 26.01.2006 the defendant trespassed into the land and constructed a pakka wall. The plaintiff had tried to obstruct such illegal construction. However, the defendant did not pay any heed and rather threatened the plaintiff. As a result thereof, the plaintiff had lodged an FIR in the concerned police station. Proceedings under Sections 145 and 146 of the Cr.P.C were also initiated by the plaintiff. It has been averred in the plaint that the defendant had no right, title and interest and he being an encroacher, a decree be passed in favour of the plaintiff by declaring right, title and interest and permanent injunction. In the schedule to the plaintiff, the suit land has been described.