RAJENDRA SINGH KOTHARI Vs. LAKHPAT RAJ SINGHVI

JUDGEMENT

(1.) A suit was filed by the appellant being Title Suit No. 13/76 on 18.8.76 before the Asstt. District Judge, Sonitpur at Tezpur. The suit was for declaration of Title and recovery of possession by evicting the defendants from the land by demolishing the cattle shed and other structure, if any. There was also a prayer for compensation of Rs.2,000/- with a claim of future mesne profit. The land measure 1 Katha 19 Lechas situated in the Town of Tezpur in Ward No. IX of Tezpur Municipality lying in Mahabhairab Mouza covered by Periodic Patta No. 18 under Dag No. 968 (Ka) and 968 (Kha), it was bounded as follows: North : Land of the plaintiff; South: Assam Valley Trading Co. (P) Ltd., East: Common Passage of the plaintiff, his wife and minor children. West : Land of late Abdul Kader.

(2.) In paragraph 1 of the plaint, it has been stated as follows: i) That the plaintiff is the owner of the land described the schedule below.

(3.) In paragraph 3 of the plaint it is stated that the defendant was permitted at his request to keep a few heads of cows in the suit land for his domestic purpose. The plaintiff gave his permission on the condition that the defendant would remove his cattle and the temporary cattle shed whenever he would be asked to do so. The plaintiff did not charge any rent or money for it.