- (1.)These appeals are preferred against the judgment and decree dated 23.3.2007 in R.S.A. No.116 of 2000 and the order dated 1.4.2008 in Review Petition no.1 of 2008 passed by the learned single Judge of the Guwahati High Court, whereby the High Court has partly allowed the Regular Second Appeal and dismissed the Review Petition, both filed by the appellant herein.
(2.)The appellant/plaintiff herein filed the Title Suit no.11 of 1987 against the respondent/defendant no.1 herein in the Court of Civil Judge (Junior Division) no.2, Mangaldoi for declaration of title in respect of 1 katha 16 lechas of land described in schedule-1 to the plaint covered by Dag no.52/575 of P.P. no.960 situated in village Mangaldoi gaon and also for recovery of khas possession of the suit land described in schedule-2, which is a part of the land in schedule-1 by demolishing the structure put by respondent no.1 herein/defendant no.1 and also for permanent injunction restraining the respondents herein/defendants from raising new constructions on the suit land. The case of the appellant/plaintiff is that he purchased 1 bigha of land, mentioned in schedule-1, from one Mukta Ram Saikia by Exh.4 registered sale deed dated 12.7.1977 and took possession of the same and got mutation of his name in the revenue record and obtained patta Exh.5 also. It is his further case that the respondent no.1/defendant no.1 also purchased 1 bigha of land from the original common owner Bati Ram, which is the adjacent northern portion of the appellant/plaintiff's land in schedule-1 and in November, 1978 respondent no.1/defendant no.1 constructed a thatched house by encroaching some portion of the appellant/plaintiff's land in schedule-1 and on measurement, it is found that respondent no.1/defendant no.1 had encroached an extent of 1 katha 16 lechas which is described as schedule-2 in the plaint.
(3.)Respondent no.1/defendant no.1 filed written statement stating that she purchased 1 bigha of land from Bati Ram on 4.8.1955 and constructed a thatched house and she has not encroached on the suit land as alleged by the appellant/plaintiff.