SUBASH SARKAR Vs. COAL INDIA LTD.
HIGH COURT OF GAUHATI
COAL INDIA LTD.
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PRASANTA KUMAR DEKA,J. -
(1.) Heard Ms. B. Sarma, learned counsel appearing for the appellant. Also heard Ms. B. Dutta, learned Senior Counsel assisted by Mr. A.M. Dutta, learned counsel appearing for the respondent.
(2.) The present appellant is the plaintiff in Title Suit No. 1/1998 in the court of learned Munsiff at Margherita who filed the suit against the present defendant respondent for declaration that the decree passed in Title Suit No. 103/79 is inoperative against him and does not cover the land over which the motor garage of the plaintiff appellant is standing and for injunction. The plaintiff appellant has been occupying a plot of land measuring 8 lechas covered by Dag No. 492 of Tauji patta No. 130(old)/126(new) under Mauza Makum since 1976 and carrying on the said motor garage by constructing a house. The defendant respondent as the plaintiff in Title Suit No. 103/79 obtained decree in respect of 4 katha of land covered by dag No. 536 and 541 of Patta No. 2(NLR Grant) of the same Mauza against one Dulal Das in the Court of learned Munsiff at Tinsukia. The said decree was put into execution in Title Execution Case No. 24 of 1980. Out of the said two dags, land covered by dag No. 541 was delivered possession to the defendant respondent. However the land under the decretal land of dag No. 536 could not be delivered. In the month of April, 1984 the plaintiff appellant could come to know that the defendant had made preparation to evict the plaintiff from the land under dag No. 492 on the strength of a decree obtained in Title suit No. 103/1979.
(3.) The plaintiff appellant was not a party in the said Title Suit No. 103/1979 nor the subject matter is similar to the decretal property. The plaintiff appellant moved the Executing Court with a prayer to identify the land covered by dag Nos. 492 and 536. But the said petition was rejected by the Executing Court. For the said reason the suit is filed with the reliefs mentioned herein-above.;
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