ABDUL JALIL Vs. KHARUPETIA TOWN COMMITTEE AND ANR
HIGH COURT OF GAUHATI
Kharupetia Town Committee And Anr
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Suman Shyam, J. -
(1.) Heard Mr. Ali, learned counsel appearing for the appellant. I have also heard Mr. S. Chauhan, learned counsel representing respondent no.1 and Mr. C.K.S. Baruah, learned Government Advocate, Assam, appearing for respondent no. 2.
(2.) This first appeal is preferred against the judgement and decree dated 13/09/2015 passed by the Court of learned Civil Judge, Darrang, Mangaldoi in Title Suit No. 12/2008, dismissing the suit filed by the appellant as plaintiff.
(3.) The case of the plaintiff, in a nutshell, is that he was the owner in possession of a plot of land measuring 3 Katha 12 Lechas covered by Dag Nos. 1036, 1050 and 1064 of periodic patta No. 794 of Kharupetia Town under Kharupetia Mouza, which is described in the schedule to the plaint. According to the plaintiff, the Kharupetia Town Committee i.e. the respondent no. 1 had occupied the land on 14/12/2002 without the permission of the plaintiff and thereafter started constructing a pucca road thereupon. The plaintiff had tried to stop the construction work but did not succeed in doing so. As such, on 24/09/2007 the plaintiff had issued a notice under Section 326 of the Assam Municipal Act, 1954 demanding a sum of Rs. 7 lakhs to be paid to him as damages and compensation for using his land or to restore the possession of the scheduled land in its original form. The notice was received by the defendant no. 1 on 27/09/2007. The grievance of the plaintiff is that despite receipt of the said notice, no steps had been taken by the defendants to pay the amount of compensation as claimed by him, as a result of which, the plaintiff had to file Title Suit No. 12/2008, inter alia, seeking a decree for realization of a sum of Rs. 5,63,976/- together with interest @ 10% to be calculated on the said amount till realization and for other consequential reliefs.;
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