Decided on May 16,2018

Guttu And Company Pvt Ltd And Ors Appellant
Siraj Ali And Anr Respondents


Prasanta Kumar Deka, J. - (1.) Heard Mr.G.N.Sahewalla, learned Senior Counsel assisted by Ms.B.Sarma, learned counsel for the plaintiff appellant and Mr.N.Dhar, and Ms.R.Choudhury, learned counsels appearing for the respondent.
(2.) The present appellant is a Company registered under the Companies Act, 1956 having its office at Silchar represented by its Manager, the appellant No.2. The appellant plaintiff preferred Title Suit No 135/2000 in the Court of learned Civil Judge,(Jr.Division) No.2 at Karimganj against the present defendant respondent for declaration of right, title and interest, recovery of possession and injunction with respect to land measuring an area of 5 bighas covered by dag No. 70 of final Khatian No. 3, Mauza Kalinagar Jungle Block No. 2 in Paragana Egarasati of the earlier district of Cachar subsequently in the district of Karimganj and corresponding to resurvey dag No. 90 of Patta No. 80. The plaintiff became the owner of land under Kalinagar Tea Estate by purchasing from M/s Sri Ram Tea Company who purchased the land from the earlier owner Bharat Samiti Ltd. The suit land described in the schedule of the plaint forms a part and parcel of the said Tea Estate which is kept reserved for cultivation of tea and ancillary product and in the long past there were garden workers' quarters. The defendant respondent having no right, title and interest over the land in the month of December, 1997 constructed house on the suit land. In the settlement operation, the said land was recorded in the name of the vendor of the plaintiff appellant and in the resettlement operation in the year, 1990-91, the suit land was recorded in the name of the plaintiff appellant. The defendant respondent filed objection case No. 42 of 1990-91 before the ASO, Ramkrishnagar which was rejected and records of right was prepared in the name of the plaintiff. The defendant respondent illegally occupied the suit land and as such, the plaintiffs appellants sought for the aforesaid reliefs.
(3.) The case of the defendant respondent as per the written statement, is that the land covering the suit dag No. 70(old) and dag No. 90(new) of Kalinagar Jungle Block No.2 is specifically described in the written statement. The suit land covered by the said dag alongwith other lands of Kalinagar Tea Estate originally belonged to M/s Bharat Samiti Ltd and the same was sold leaving aside the land covered by the said Dag No. 70(old) to M/s Sri Ram Tea Company vide registered sale deed dated 26.7.1965. Thereafter, M/s Sri Ram Tea Company sold the aforesaid land measuring an area of 1749 bighas 14 kathas 1 chatak to the plaintiff appellant company in the year, 1974. The plaintiff company is not the owner and possessor of land covered by dag No. 70 (old). M/s Bharat Samiti Ltd gave settlement of the land mentioned in the schedule of the written statement alongwith the dag No. 70 to one Ataur Rahman , son of Murfiz Ali in the year 1965. Ataur Rahman reclaimed the land by clearing the jungle and started cultivation. He was possessing the same by growing paddy and raised his homestead thereon. In the year,1979 Ataur Rahman sold the said land including 8 bighas which he got allotment, in favour of the defendant respondent by a registered sale deed and thereafter the defendant respondent has all along in possession of the suit land since the day of purchase. Accordingly, the defendant respondent sought for dismissal of the suit.;

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