SURESH CHANDRA NOMODAS AND ORS. Vs. DURLAV CHANDRA HAZARIKA AND ORS.

JUDGEMENT

(1.) THIS appeal by the Defendants is directed against the judgment and decree of the Subordinate Judge, Lower Assam Districts, Gauhati, who, on appeal, confirmed the judgment and decree of the Munsiff Mangaldoi.

(2.) THE Plaintiff claimed in his plaint that he obtained settlement of the land from the Revenue authorities, and that a patta was issued to him by the Sub -Deputy Collector in the year 1956. Based on this he asked for a declaration of title and for possession of the suit properties, which are 22 bighas in extent.

(3.) THE Defendants contended in the written statement that the suit was bad for misjoinder of parties, as they were in possession of different plots of land and that there should have been separate suits, one suit against each of the Defendants in respect of the plot of land in his possession. They further claimed that they had improved the land and cultivated it and that they would be entitled to compensation for that reason, before they are asked to vacate the land.