SACHINDRA MOHAN DEKA RAJA Vs. SAT RAM BORA

JUDGEMENT

(1.) This is a second appeal by the defendant. The plaintiff brought a suit being TS 134/91 before the Munsiff No.1 at Nagaon. The brief facts are as follows:

(2.) That the plaintiff purchased the suit land from defendant No. 3 - Manik Chandra Sharma by registered sale deed and obtained delivery of possession of the same and continue to possess the same. But they were forcibly dispossessed from the suit land by the defendant on 15.4.80. After such dis-possession the defendant constructed some thatched houses thereon and denied the title of the plaintiff on the plea that the suit land was sold to Raising Bordoloi by Manik Sharma and Raising Bordoloi sold the same to defendant No. 1 Sachindra Mohan Deka Raja. On enquiry the plaintiff came to know that the defendant mutated their names in the patta of the suit land. Hence the suit. The case of the defendant was that the defendant No.3 promised to sell the suit land to the father of Raising Bordoloi and received an amount of Rs.2,000/- about 25 years back, but did not execute the sale deed. However, after the death of Bordoloi's father the sale deed was executed in 1978 in favour of defendant No. 2. The Defendant No. 2 sold the same to defendant No. 1 in the year 1980. It was further pleaded that the defendant Nos. 1 and 2 and the father of defendant No. 2 were bonafide purchaser for value without notice. It was further pleaded that defendant No. 3 never delivered the possession of the suit land to the plaintiff.

(3.) As many as 4 issues were framed in the suit. They are - (i) cause of action (ii) right, title and interest of the plaintiff over the suit land (iii) adverse possession (iv) to what relief, the plaintiff is entitled.