SACHINDRA DAS S/O LT SUKUMAR DAS Vs. ANIRUDRA DAS AND ORS
HIGH COURT OF GAUHATI
Sachindra Das S/O Lt Sukumar Das
Anirudra Das And Ors
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Suman Shyam, J. -
(1.) Heard Mr. B.K. Purkayastha, learned counsel for the appellant. None appears for the respondents, though served.
(2.) This second appeal is directed against the concurrent judgement and decree dated 28/03/2007 passed by the Court of learned Civil Judge No.1, Cachar, Silchar in Title Appeal No. 44/2005 affirming the judgement and decree dated 22/07/2005 passed by the Court of learned Civil Judge (Junior Division) No.2, Cachar, Silchar in Title Suit No. 148/2001, thereby decreeing the suit filed by the respondent as plaintiff. The appeal was admitted to be heard on the following substantial question of law :-
"(1) Whether a decree for recovery of khas possession can be passed when the plaintiff did not pray for a decree for recovery of khas possession but has only prayed for a decree confirming his possession over the suit land?"
(3.) The brief facts of the case are these. The respondent as plaintiff had instituted Title Suit no. 148/2001 in the Court of Civil Judge (Junior Division) No. 2, Silchar, inter-alia, praying for a decree for declaration of title and for confirmation of possession over land measuring 2 Bighas covered by Dag No. 197 of 2nd R.S. Patta No. 75/32 of Mouza Rosekandi, Pargana Chatla, described in the Schedule II of the plaint, and for other consequential reliefs. The plaintiff claims to have purchased the suit land from the legal heirs of Rojoram Namasudra by means of a registered deed No.; 998 dated 02/07/1996, on payment of valuable consideration, where-after, he was put in possession of the land.;
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