RAKHAL MANDAL Vs. TOPA BARUAH AND ORS.

JUDGEMENT

(1.) THIS revision has arisen out of the judgment and order, dated 29.8.1998, passed by the learned Civil Judge (Senior Division) No. 1, Mongaldoi, in Title Suit No. 9/97 dismissing the suit.

(2.) I have perused the impugned judgment and order and also the materials on record. I have heard Mr. M.H. Chouhdury, learned counsel for the plaintiff -petitioner, and Mr. B.C. Das, learned counsel for the defendants -opposite parties.

(3.) THE defendants -opposite party contested the suit, their case being, briefly stated, thus : The Defendants, Puspa Ram Baruah, had purchased the entire land of 13 bighas aforementioned by a registered sale deed from the owner thereof and took possession thereof way back in 1999 and has been in possession thereof since then. The plaintiff was never in possession of the suit land, which forms part of the 13 bighas aforementioned.