DHELA BORO Vs. JAGANNATH DAS

JUDGEMENT

(1.) This Second Appeal is against the appellate judgment and decree dated 30.6.87 of the Assistant District Judge, Darrang in T.A. No. 30/87 thereby affirming the judgment and decree dated 8.3.1982 of the Munsiff, Mangaldoi in T.S. No. 48/73 decreeing the suit of the plaintiffs.

(2.) The case of the plaintiffs (Respondent heard) in brief, was that the suit land which is a paddy land measuring 6 Bighas 4 Kathas 11 Lechas covered by Dag No. 228 (old) 313 (new) Annual Patta No.11 of village Banipara (Plaint Schedule 'Ka') was reclaimed by the plaintiff No.1 and the husband of the defendant No.2 and made it fit for cultivation. Annual Patta was also issued in their names. In the month of Shrawana 1371 B.S. the defendants dispossessed the plaintiffs. Hence the suit for eviction and for other reliefs. The defendants (appellants here) contested the suit asserting that the defendant No. 1 was possessing the land for more than 22 years thereby perfecting his right by adverse possession and it was also stated that the suit land fell within the tribal belt and the Revenue Authority wrongly issued the patta.

(3.) The Trial Court decreed the suit and the First Appellate Court also maintained the decree: of the trial Court. Both the Courts found the title of the plaintiff over the suit land being the Annual Lease Patta holder and that the defendant were trespassers over the suit land. The suit was filed on 27.9.73, and was decreed by the trial Court on 8.3.82. During the pendency of the appeal in the First Appellate Court, the defendants filed a certified copy of the order dated 25.7.78 passed by the Assam Board of Revenue in case No. 46 RA/78 by which the annual lease patta standing in the name of the plaintiff was cancelled. The First Appellate Court also upheld the title of the plaintiff and also further held that the cancellation of annual lease patta did not affect the right of the plaintiff as the right to get the relief was to be determined as was available to the plaintiff on the date of the institution of the suit.