CHAKRAPANI KALITA Vs. BALENDRA GOSWAMI
HIGH COURT OF GAUHATI
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PRASANTA KUMAR DEKA,J. -
(1.) Heard Mr.D.Choudhury learned counsel appearing for the appellants and also heard Mr.D.Barua, learned counsel appearing for the respondent.
(2.) The present appellants are the defendants in the Title Suit No. 65/2003 filed by the plaintiff respondent through his attorney one Sri Atanu Bhuyan, son of Sri Mukul Bhuyan, resident of Santipur Durga Sarovar, Guwahati in the Court of Civil Judge (Sr.Div.) No. 2, Kamrup, Guwahati.
(3.) Facts of the case of the plaintiff respondent are that on 27.3.1987 by way of registered deed of sale he purchased a plot of land measuring 2 kathas 10 lechas covered by dag No. 34 of No.1 F.S.Grant, village No. 1, Motghoria under Beltola Mauza which forms the suit land. The same was purchased from one Sri Jayanta Madhab whereafter the name of the plaintiff respondent was mutated in the records of right on 23.8.1988. The suit land was demarcated by raising boundary pillars. The plaintiff respondent who is a retired Army Officer used to reside at village Chaygaon and frequently visited the suit land. Due to illness he was unable to visit the suit land for a considerable period and the Chowkidar staying over the suit land left the place without informing him. The plaintiff respondent authorised one Sri Atanu Bhuyan as his constituent attorney to look after the suit land who raised another temporary house in the suit land and kept his employee therein. On 20.2.2003, the plaintiff respondent alongwith said attorney visited the suit land and found one Sri Barman occupying the thatched house left by the Chowkidar of plaintiff respondent and on being asked the said Sri Barman stated that he would vacate the said house on their demand. On 26.2.2003 and on 2.3.2003 the defendants appellants attempted to dispossess the plaintiff respondent from the suit land but on the intervention of the police the same were foiled .On the request of the plaintiff respondent and his attorney, the defendants appellants produced two copies of sale deeds executed on 17.11.1997 by Baikuntha Bora and Harish Chandra Bora in their favour in respect of 1 katha 10 lechas of land in each of the sale deeds, but with different boundaries other than the suit land. The defendants appellants stated that their names were mutated in the records of right claiming ownership over the suit land. Such act on the part of the defendants appellants clouded the right, title and interest of the plaintiff respondent over the suit land and as such the suit was filed for declaration and permanent injunction against the defendants appellants.;
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