MANOJIT BHUYAN,J. - (1.) Heard Mr. B.R. Dey, learned Senior counsel, assisted by Mr. P. Sen, Advocate, appearing for the appellant. Also heard Ms. B. Dutta, learned Senior counsel, assisted by Mr. A. Sarma, Advocate, appearing for the State respondents.
(2.) Title Suit 305/1993 was brought about by the appellant/plaintiff praying for confirmation of land holder's right and ownership right over the Schedule II land and Schedule III house as described in the plaint with further prayer for permanent injunction restraining the defendant from eviction of the plaintiff from the Schedule II land. A declaration was also sought that the land described in Schedule II is not Government Khas land and also not a PWD road. The defendant duly contested the suit and filed written statement denying the averments made in the plaint and also stated that a bare perusal of the plaint would make it clear that the plaintiff had not furnished any specific Schedule of the suit land. Rather, the said Schedule of the suit land is wholly imaginary with only certain taluks having been mentioned.
(3.) Upon rival pleadings, the learned trial Court framed as many as 6 issues together with an additional issue with regard to the plaintiff's right, title, interest and possession over the suit land as well as over the suit house. Upon consideration of the materials on record and on the findings that the plaintiff could not discharge his burden on proving his title over the suit land, dismissed the suit on contest with costs.;