MADAN SINGH Vs. TAIYAB HUSSAIN

JUDGEMENT

(1.) This revision petition is directed against the judgment and decree passed by Munsiff, Jorhat in a suit under S.6 of the Specific Relief Act (47 of 1963) hereinafter 'the Act'. The operative part of the judgment reads:

(2.) The petitioner has challenged the order on the ground that it is in excess of the power vested in the Court under S.6 of the Act.

(3.) Before dealing with the legal submission, the facts of the case may be briefly stated. The plaintiff filed a suit in the Court of the Munsiff, Jorhat under S.6 of the Act. His case was that he was in possession of the suit land for last twenty years and had been paying revenue in respect of the same. A house was also constructed by him on a part of it wherein he was residing. On 16-3-79, he was dispossessed by the defendant No. 1 who also constructed a pucca wall measuring 15 feet long and 8 feet high. The defendant No. 1 also extended the roof of his house over the suit land. The plaintiff, therefore, filed a suit under S.6 of the Act for recovery of khas possession and permanent injunction against the defendant No. 1. The learned Munsiff on being satisfied about the aforesaid fact of possession and dispossession, passed order quoted above.