RSA 261/2015. Gauhati High Court

Case NumberRSA 261/2015
Judgement DateApril 03, 2021
CourtGauhati High Court

I N TH E GAUH ATI H I GH COURT

( THE HI GH COURT OF ASSAM, NAGALAND, MI ZORAM & ARUNACHAL PRADESH)

PRI N CI PAL SEAT RSA N o. 2 6 1 / 2 0 1 5

1. Sri Naba Saikia,

2. Sri Padum Saikia,

3. Sri Bij ay Saikia,

All are sons of Late Nityananda Saikia,

Dhekiakhowa Gaon, Chowkhat Mouza, Teok, Jorhat, Assam .

………………. Appella nt / Defenda nt s

- Versus-

1. Sri Bhogeswar Dutt a,

2. Sri Raghunath Dutt a,

3. Sri Rokheswar Dutt a,

All are sons of late Lakhi Dutta,

Resident of Bam Dhekiagaon,

P.S. Teok, Jorhat, Assam .

……………. Responde nt / pla int iffs.

Advocate for the appellants: M r. B. Ka ushik

Advocate

Advocate for the respondents: M r. R. Sa rm a ,

Advocate

- B E F O R E –

H ON ’BLE M R. JUSTI CE PRASAN TA KUM AR DEKA

Date of hearing : 03.04.2017

Date of j udgm ent & order : 03.04.2017

JUDGM EN T & ORD ER ( ORAL)

Heard Mr. B. Kaushik, learned counsel, appearing on behalf of the appellant/ defendants. Also heard Mr. R. Sarm a, learned counsel, appearing for the respondent/ plaint iffs..

2] The present appellants are the defendants in Title Suit No. 57/ 2011 preferred by the plaintiff/ respondents for declaration of their possession with respect to the suit land and for relief of perm anent inj unction.

3] The plaint iff/ respondents’ case in brief is that they are rayats under t he defendant/ appellants in respect of t he land m easuring 2 Bighas 2 Lechas covered by Dag No.407 and land m easuring 2 Bighas 2 Lechas covered by Dag No. 555 of Periodic Patta ( PP) No. 46 of Bam dhekiakhua Gaon, Chowkhat Mouza in

the District of Jorhat. The defendant/ appellants inherited t he said land from her deceased father. The plaintiff/ respondents have paid Adhi share of crops to the defendant/ appellants. Though t he defendant/ appellants filed a case under Section 145 Cr.P.C. against the plaintiff/ respondents claim ing their possession over the suit land referred hereinabove, it is the case of the plaintiff/ respondents that their father is the khatian holder over the said land and on t he strength of t he said khatian, they have been occupying the said land for m ore than 40 years by paying adhi shares regularly to the defendant / appellants, but the defendant/ appellants dem anded the plaintiff/ respondents to vacate the suit land and as such t hey have instit uted the suit with a prayer for declaration of t he possession over the suit land and for perm anent inj unct ion from entering into t he suit land.

4] The defendant/ appellants contested the suit by...

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