RSA 169/2005 – oral dtd. Case: Shri Tulsi Sahu Vs Dhana Nayak and Anr.. Guwahati High Court

Case NumberRSA 169/2005 – oral dtd
CounselFor Appellant: Mr. P. S. Deka, Adv. and For Respondent: Mr. B.Banerjee, Sr. Adv.
JudgesSuman Shyam, J.
IssueCode of Criminal Procedure - Section 145; Evidence Act - Section 65
Judgement DateSeptember 22, 2016
CourtGuwahati High Court

Court Information Gawahati High Court
Judgment Date 22-Sep-2016
Party Details Shri Tulsi Sahu Vs Dhana Nayak and Anr.
Case No RSA 169/2005 – oral dtd
Judges Suman Shyam, J.
Advocates For Appellant: Mr. P. S. Deka, Adv. and For Respondent: Mr. B.Banerjee, Sr. Adv.
Acts Code of Criminal Procedure - Section 145; Evidence Act - Section 65

Judgment (Oral):

1. Heard Mr. P. S. Deka, learned counsel representing the appellant. Also heard Mr. B. Banerjee, learned senior counsel appearing for the respondent.

2. The second appeal arises out of concurrent judgement and decree dated 11/04/2005 passed by the Court of learned Civil Judge (Senior Division), Golaghat in Title Appeal No. 13/2004, dismissing the appeal filed by the present appellant/defendant and affirming the judgement dated 03/08/2004 and decree dated 09/08/2004 passed by the trial Court in Title Suit No. 8/1997 decreeing the suit filed by respondent/plaintiff.

3. The second appeal was admitted to be heard on the following substantial question of law:-

"(a) Whether the learned lower appellate Court correctly decided the right, title and interest of the plaintiff as occupancy tenant of the suit land under proforma defendant No. 3 according to the law laid down in Assam Temporarily Settled Areas Tenancy Act, 1971

(b) Whether the plaintiff''s suit is maintainable in view of absence of any valid right, title and interest over the suit land as occupancy tenant "

4. The brief factual matrix of the case is that the mother of the respondent/plaintiff Jitani Nayak was an occupancy tenant under Sonamoni Goswami in respect of a plot of land measuring 4 Bighas 1 Katha and 8 Lechas, covered by Dag Nos. 592/693, PP No 63 of Kachupathar village in Khumtai Mouza. There was a tenancy khatian issued in the name of Jitani Nayak in the year 1977 and since then she has been in possession of the land as a occupancy tenant. After the death of Jitani Nayak, the plaintiff/respondent being her legal heir, became a tenant and continued to pay the rent of 5 Monds of rice to the landlord. The respondent had constructed a residential house over a plot of land covering 1 Katha 15 lechas out of the total area of land and the rest of the land was being used for cultivation.

5. The pleaded case of the respondent/plaintiff is that the appellant/defendant had instituted a proceeding under section 145 Cr.P.C. with the malafide intention of grabbing a part of the suit land and...

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