ON DEATH OF MONIKANTA CHERU HIS LEGAL HEIRS DHANBAI CHERU Vs. LAL SINGH GOALA
HIGH COURT OF GAUHATI
On Death Of Monikanta Cheru His Legal Heirs Dhanbai Cheru
Lal Singh Goala
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Mir Alfaz Ali, J. -
(1.) This second appeal by the defendant, is directed against the judgment and decree dated 08.05.2009 passed by the learned Civil Judge, Nagaon in Title Appeal No. 16/2007 reversing the judgment and decree of the learned Munsiff, Hojai, Sankardev Nagar in Title Suit No. 83/1993.
(2.) Bhakta Goala (since deceased), father of the respondents, as plaintiff, filed the Title Suit No. 83/1993 alleging that one Sri Masad Goala, proforma defendant No. 20(ka) was the owner of the suit land. Said Masad Goala by registered Sale Deed No. 3901 dated 22.03.1975 sold the suit land in favour of the plaintiff and delivered position. While the plaintiff was in possession of the suit land, the defendants tried to disposses the plaintiff and thereby clouded the right, title and interest of the plaintiff over the suit land. Hence, the plaintiff filed the suit for declaration of right, title and interest over the suit land and confirmation of possession and/or recovery of possession. During pendency of the suit, the original plaintiff died and his legal representatives were substituted.
(3.) The pleaded case of the main defendants was that land measuring 60B 2K 3L along with the suit land, originally belonged to Ananda Gaur, Kartik Gaur and Masad Goala. Kartik Gour and Ananda Gour, who transferred their share of the land being 12 bigha, 2 katha 3 lecha in favour of Late Dhoda Goala at a cost of Rs. 400/- and left the place and the defendants have been possessing the suit land for more than 12 years without any intervention. The defendants also denied the execution of Sale Deed by Masad Goala, the original owner of the land in favour of the plaintiff and stated that such deed was fraudulent. Masad Goala who was arrayed as defendant No. 20 (ka) also filed a separate written statement denying execution of the Sale Deed No. 3900 in favour of the plaintiff. On the basis of the above pleadings, learned Munsiff framed the following issues:
1) Whether there is any cause of action?
2) Whether the suit is maintainable in the present form?
3) Whether the suit is barred by the principles of estoppels and acquiescence?
4) Whether the suit is barred by the law of limitation?
5) Whether the suit is barred by adverse possession?
6) Whether Masad Goala executed a registered Deed of sale dated 20/3/75 in favour of the plaintiff in respect of land described in schedule 'Ka' to the plaint and delivered possession?
7) Whether the plaintiff has title and possession over the suit land?
8) What relief, if any is the plaintiff entitled to?;
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