GAJEN DAS Vs. STATE OF ASSAM AND OTHERS
HIGH COURT OF GAUHATI
State of Assam and Others
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MIR ALFAZ ALI,J. -
(1.) This second appeal by the plaintiff is against the judgment and decree dated 29.06.2007, passed by the learned Civil Judge, Sonitpur, Tezpur in Title Appeal No.24/2006, whereby the learned Civil Judge dismissed the appeal as well as the suit of the plaintiff, concurring with the findings of the learned Munsiff.
(2.) The second appeal was admitted for hearing on the following substantial questions of law:
a. Whether the plaintiff/appellant being a member of the scheduled caste community are entitled to get protection under Section 160 and Section 162 of the Assam Land Revenue Regulation, 1885 (as amended)?
b. Whether the plaintiff/appellant is entitled to get settlement under Clause 16 of the Special provision for scheduled castes and schedule tribe of the Government of Assam land policy, 1989?
(3.) Brief facts of the case leading to the present second appeal may be stated thus:, the appellant as plaintiff filed the Title Suit No.24/2004 for declaration of right, title, interest and permanent injunction. The pleaded case of the plaintiff was that he had been possessing 2 kathas of Government land out of the 16 bigha, 4 katha and 17 lechas of land under Dag No.70, within the Chariduar tribal belt area. The defendants attempted to evict the plaintiff from the suit land on various occasions but he continued to be in possession and thereby acquired right title and interest by adverse possession. The defendant No.3 initiated an eviction proceeding against him vide CDC/16/20/2-04/295, dated 20.02.2004 and issued notice. Therefore, the plaintiff filed the suit seeking declaration of his right title and interest over the suit land and injunction both prohibitory as well as mandatory.;
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