KHUKAN DEBNATH S/O LATE HARE KRISHNA DEBNATH Vs. GOPAL BISWAS AND 3 ORS
HIGH COURT OF GAUHATI
Khukan Debnath S/O Late Hare Krishna Debnath
Gopal Biswas And 3 Ors
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Kalyan Rai Surana, J. -
(1.) Heard Mr. A. C. Sarma, learned senior counsel assisted by Mr. G. Bharadwaj, learned counsel appearing for the appellant as well as Mr. A. K. Sahewalla, learned counsel appearing for the respondent No. 1.
(2.) By this appeal under Section 100 CPC, the appellant has challenged the judgment and decree dated 06.05.2017 passed by the learned Civil Judge, Nagaon in Title Appeal No. 23/2015, thereby affirming the judgment and decree dated 03.07.2015 passed by the learned Munsiff No. 2, Nagaon in Title Suit No. 147/2008, thereby dismissing the suit filed by the appellant/plaintiff.
(3.) The appellant's case in brief is that the appellant had purchased 04 kathas 14 lechas (04K-14L) land covered by Dag No. 377 of P.P No. 52 of Rupahi Town Kissam under Khatual Mouza, Nagaon, Assam which was purchased vide sale deed dated 22.12.2005 registered as Deed No.4111/05 dated 22.12.2005 from (i) Sri Banku Das, (ii) Sri Sanku Das, (iii) Sri Raju Das, (iv) Smt. Sumi Das and (v) Smt. Champa Das, all legal heirs of Late Priyalal Das. It is projected that the appellant had been in occupation of purchased land long before the execution of the sale deed and there are several residential houses constructed by the appellant. It is further projected that in the southeast corner of the said land, the father of the respondent No. 1 had occupied 14 lechas of land and houses with the permission of the appellant and he was allowed to reside therein since the year 2006 without any rent with a condition to vacate the house as and when demanded. However, to defraud and deprive the appellant from the 14 lechas of land, the father of the respondent No. 1, by a conspiracy, created a fraudulent Sale Deed No. 2399/07, showing that the respondent No. 1 had purchased 14 lechas of said suit land from one Md. Karim Bepari. The said Sale Deed was executed on 26.10.2007 and registered on 02.11.2007. The stand of the appellant was that the father of the respondent No. 1, who is shown as pattadar No. 3 in respect of the suit patta had died thirty years back and therefore, the Sale Deed No. 2399/07 dated 02.11.2007 was fraudulent and collusive. It was stated that in the month of August, 2008, the appellant had requested the respondent No. 1 to vacate the suit land but he had refused to do so, claiming to have purchased the suit land from Md. Karim Bepari in the year 2007. Therefore, the appellant had filed Title Suit No. 147/2008 before the learned trial Court. The following prayers were made in the plaint:-
A) A decree be passed declaring the sale deed as described in Schedule "A" below to the plaint is fraudulent, void and never executed by the executant's and as such liable to be cancelled, AND
B) A decree be passed, if by this with the strength of said so-called Sale Deed any mutation order passed in the name of defendant No. 1 said also shall be cancelled accordingly, AND
C) A precept be issue to the Registrar of the registration office, Nagaon for recording cancellation of the sale deed given in Schedule "A" below of this plaint as per decree passed by the Hon'ble Court in the relevant record, AND
D) All cost of the suit also be decreed against the defendants and in favour of the plaintiff, AND
E) Any other relief or relief's the plaintiff is entitled to in law and equity may also be decreed.;
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