RSA No. 43/2007. Case: Tarini Kanta Das and Ors. Vs Pradeep Das and Ors.. Guwahati High Court
| Case Number | RSA No. 43/2007 |
| Counsel | For Appellant: U. Dutta, Advocate and For Respondents: P.K. Kalita, Advocate |
| Judges | Arup Kumar Goswami, J. |
| Issue | Indian Penal Code 1860, (IPC) - Section 498A |
| Judgement Date | August 26, 2015 |
| Court | Guwahati High Court |
Judgment:
Arup Kumar Goswami, J.
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Heard Mr. U. Dutta, learned counsel for the appellants. Also heard Mr. P.K. Kalita, learned counsel for the respondents.
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This appeal is preferred by the plaintiff against the judgment and decree dated 19.01.2007 passed by the learned Civil Judge, Lakhimpur in Title Appeal No. 5/2006, upholding the judgment and decree dated 27.09.2006 passed by the learned Munsiff No. 1, North Lakhimpur in Title Suit No. 30/2006.
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This second appeal was admitted to be heard by an order dated 14.11.2007 on the following substantial questions of law:--
(i) Whether the suit filed by the plaintiff/appellant is barred by time?
(ii) Whether the defendants' title over the property can be declared by right of adverse possession simply on the ground that he has possession over the land for more than 12 years?
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After some hearing had taken place, this court considers it appropriate to also frame another substantial question of law to the following effect:
Whether the learned Trial Court was correct in deciding Issue No. 3 relating to right, title and interest in respect of the suit land against the plaintiff?
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The hearing had commenced yesterday and Mr. Kalita, learned counsel for the respondents submits that although one substantial question of law is framed to-day, there is no difficulty in proceeding with the matter and he will not seek adjournment on this count.
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The plaintiff and one Nishi Kanta Das are brothers and Nishi Kanta Das was elder to the plaintiff. Defendant Nos. 1 to 4 in the suit are sons of Late Nishi Kanta Das and defendant No. 5 is the wife of Late Nishi Kanta Das. Defendant No. 6 is the wife of defendant No. 1.
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The case of the plaintiff is that he purchased land measuring 3 Katha from one Md. Nasimuddin Ahmed by a registered sale-deed dated 15.02.1971 and after obtaining permission from the North Lakhimpur Municipal Board, constructed a small kutcha house. One more house was constructed after taking similar permission on 10.07.1972 and on 02.03.1976, the plaintiff took permission for construction of a permanent house. Construction being not completed, permission was extended by an order dated 27.05.1978. After completion of the house, the plaintiff started living there with his family and the land purchased was also partitioned in a partition suit. The brother of the plaintiff, who was a Railway employee, did not have a place of his own and on his retirement, he was allowed by the plaintiff to reside in one of the houses constructed over the suit land with the understanding that he would shift after purchasing his own land. The elder brother had 3 marriageable daughters at the relevant point of time and they were married off from the plaintiff's house. Requests were made from time to time to give vacant possession, but on entreaties of the brother, he was allowed to continue to reside thereon with his family. However, the brother died about 6 years prior to filing of the suit. The defendant Nos. 1 to 4 are successful businessmen and financially sound and the number of members in the family of the plaintiff had also increased and therefore, the suit rooms were required by the plaintiff. On 26.08.2005, when request was made for giving vacant possession, to defendants threatened to kill the plaintiff and refused to deliver possession and this prompted the plaintiff to file the suit. The schedule of the plaint refers to 7 1/2 lecha out of land measuring 3 Katha where the rooms are situated in which the defendants are residing.
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The defendants filed written statement...
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