RFA 68/2006. Gauhati High Court

Case NumberRFA 68/2006
Judgement DateMarch 02, 2021
CourtGauhati High Court

Son of late Moskandar Ali Mazerbhuiya, 2. Kamal Uddin Mira,

Son of late Abdul Matlib Mira,

Both are residents of Hailakandi Town, Word No. III,

P. O. , P. S. and Distgrict- Hailakandi, Assam. 3. Abdul Rej ak Mira,

Son of late Harun Rashid Mira,

Village- Bishnugarh,

P. O. , P. S. and Distgrict- Hailakandi, Assam.

…. . Appellants/ Defendants

---Versus….

Sree Kishan Sarada College,

Represented by Secretary, S. S. College, Hailakandi, Assam.

…, , , , Respondent/ Plaintiff.

For the appellants: Mr. N. H. Mazerbhuiya,

Mr. JUNM Laskar,

Ms. S. Parveen Hussain, Mr. D. K. Deka,

Advocates.

For the respondents: None appears.

- B E F O R E –

HON’BLE MR. JUSTICE PRASANTA KUMAR DEKA

Date of hearing and judgment and order: 02.03.2017 .

JUDGMENT AND ORDER ( ORAL)

RFA No. 68/2006 Page 1 of 11

judgment and decree dated 05.12.2005, passed in Title Suit No. 26/ 1997 by the learned District Judge, Hailakandi, Assam.

3] The appellants in this appeal are the defendants in T.S.

No. 26/ 1997. The respondent/ plaintiff, Sreekishan Sarada College (SS College), Hailakandi through its Secretary Sri Bijay Kumar Dhar instituted a suit for declaration that the said college is the rightful owner in possession of a plot of land measuring 4 (four) Bighas which is almost in the middle of the plot of land measuring 21 Bighas 12 Khattas 14 Chattaks and for further declaration that the defendant Nos. 1 to 14 illegally executed two registered gift deeds No. 1955 and 1956 in favour of the defendant No. 15, the State of Assam, represented by the Deputy Commissioner, Hailakandi.

4] The facts of the case, in brief, are that the plaintiff/

respondent by virtue of 7 numbers of registered deeds purchased a total area of land measuring 21 Bighas 12 Khattas 14 Chattaks of land in Second RS Patta Nos. 115, 116, 118, 119, 121, 123, 124 and 125 under Dag Nos. 488, 485, 496, 479, 480, 482, 500 and 501. I nitially, the land

RFA No. 68/2006 Page 2 of 11

measuring 21 Bighas 12 Khattas and 14 Chataks a compact one whereafter the said plot of land formed compact block rectangular shaped and well defined by the boundaries on its four sides.

5] I n the year 1987, some of the defendants/ appellants

attempted to trespass a portion of the scheduled -A land which the land measuring 21 Bighas 12 Khattas and 14 Chattaks for which there arose apprehension of breach of peace and subsequently there was a proceeding under Section 145 Cr.P.C.. The learned Addl. District Magistrate, Hailakandi vide order dated 20.07.1991 declared possession of the College authority over the total land and as per direction of the learned Addl. District Magistrate, the Survey Staff and the Police handed over the possession of the land to the college authority.

6] A criminal revision petition was...

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