RSA 174/2005. Gauhati High Court
| Case Number | RSA 174/2005 |
| Judgement Date | August 17, 2019 |
| Court | Gauhati High Court |
IN THE GAUHATI HIGH COURT
( THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
PRINCIPAL SEAT
RSA No. 174/2005
Sri Babul Das
………. Plaintiff/Appellant
-VERSUS -Sri Kanram Das & others
…..….… Respondents/ Defendants.
Advocate for the appellant: Mr. BC Das (sr. Adv).
Mr. D.N. Bhattacharyya,
……. Advocates.
Advocate for the Respondents Mr. M.A. Sheikh,
Mr. BB Gogoi,
Mr. PK Talukdar, Ms. S. Gogoi,
Mr. R.C. Paul, Mr. B. Barman,
……Advocates.
- B E F O R E –
HON’BLE MR. JUSTICE PRASANTA KUMAR DEKA
Date of hearing : 17.08.2017
Date of judgment & order : 17.08.2017
JUDGMENT & ORDER ( Oral)
Heard Mr. DN Bhattacharyya, learned counsel, appearing on behalf of the plaintiff/ appellant and Mr. M.A. Sheikh, learned counsel, appearing for the respondents/ defendants.
2] This second appeal is preferred by the plaintiff/ appellant against the defendants/ respondents challenging the impugned judgment and decree dated 27.5.2005, passed in Title Appeal No. 1/ 1999 by the learned Civil Judge (Senior Division) Golaghat upholding the judgment and decree dated
9.12.1998, passed in T.S. No. 13/ 1995 by the Civil Judge (Junior Division) No.1, Golaghat. The facts of the suit in brief are that Ahina Das and Mekera Das jointly possessed 14 Bighas 2 Kathas and 3 Lechas of land covered by Periodic Patta No. 6. They divided the suit land into two equal shares and possessed separately their respective shares. On the death of Ahina Das, his share of land measuring 7 Bighas 1 Katha was inherited by his two daughters, Pahita Das and Moheswari Das. The said share of land of Ahina Das was
physically possessed by Moheswari Das and her husband Kulai Das. I t was also pleaded that they possessed the share of Pahita Das also.
3] On the death of Mekera Das, his only son, Kalu Das inherited his share of land and enjoyed it till 1990. On the death of Kalu, his three sons came to occupy the said land by way of inheritance. I n the year, 1990-91, the entire land covered by Periodic Patta No. 6 was partitioned and total share of 7 Bighas 1 Katha of Ahina Das occupied by Maheswari Das and Pahita Das was covered under a new Patta i.e. Periodic Patta No. 153. The defendants/ respondents on 10.8.1991 encroached the said land measuring 7 Bighas 1 Khata covered by Periodic Patta No. 153, following which a proceeding under Section 145 Cr.P.C. was drawn up. However, the learned trial Magistrate failed to give any decision with regard to the possession of either of the parties to the suit and advised the parties to approach the civil court. Pahita Das and Maheswari Das executed a
registered gift deed bearing No. 704 dated 4.4.1994 (Ext. 1) in favour of one Bubul Das, the plaintiff/ appellant No. 1.
4] The said Bubul Das accepted the said gift and has been enjoying the suit land along with his father, Kulai Das. On the strength of the said gift, the name of Bubul Das was mutated. The suit was filed by Bubul Das, i.e. the present sole appellant and Kulai Das and prayed for declaration that the present plaintiff/ appellant had acquired the right, title and interest over the suit land and also for recovery of khas possession after evicting the defendants/ respondents. The respondents/ defendants contested the suit by filing a joint written statement. I t is the defence taken by them that the original land belonged to one Kalu Koiborta, who owned 14 Bighas 2 Khatas 14 Lechas of land covered by Dag No. 127 of Periodic Patta No. 10. He died leaving behind his three sons i.e. the defendant/ respondent Nos. 1, 2 and 3 and six...
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