KASHI TELI @ SHAH Vs. BHAGIRAT KAHAR

JUDGEMENT

(1.) This appeal, under Section 100 of the Code of Civil Procedure, 1908 (for short, C.P.C.) is directed against the judgment and decree, dated 08.06.1999 and 14.06.1999 respectively, passed by the learned Civil Judge (Sr. Divn.), Dibrugarh, in Title Appeal No. 16 of 1997, whereby the first appellate Court, while dismissing the said appeal, upheld the judgment and decree, dated 04.09.1997 and 10.09.1997 respectively, passed by the learned Civil Judge No. 1 (Jr. Divn.), Dibrugarh, in Title Suit No. 38 of 1983. Hence, the challenge in this appeal is to the concurrent findings, rendered by both the Courts below. Relevant facts of the suit, may, in brief, be stated as follows:

(2.) The principal defendants Nos. 1 and 2 contested the suit by filing written statement and alleging, therein, that the suit was hit by law of res judicata and misjoinder of parties. Disputing the plaintiffs claim regarding purchase, the contesting defendants averred that the defendant No. 1 purchased 1 katha of land, as shown in the schedule to the written statement, by registered Sale Deed No. 2292, dated 10.09.1962 from the defendant Nos. 3 and 4 i.e. the original owner and got possession of the same followed by mutation and that the suit land is part of the said 1 katha of land. It has also been contended that, at the time of purchase by the defendant, the suit land was occupied by Mr. Gokul Shah and Mr. Jaduram Shah, as tenants under the original landlords, and due to their refusal to vacate the land, the defendants had initiated Title Suit No. 60 of 1965 for their ejectment therefrom and that during the execution of the decree, obtained by the defendant, in respect of the suit land, the plaintiff had purchased the land with the structures standing thereon and put up the fencing.

(3.) Upon the pleadings of both the parties, the trial Court framed the following issues: