LEGAL HEIRS PURNIMA KALITA Vs. BILIN KALITA

JUDGEMENT

(1.) Heard Mr. P.Khataniar, learned counsel for the appellant and Mr. P. S. Deka, learned counsel for the respondent.

(2.) The appellant during the pendency of this appeal died and on his death his legal heirs were substituted vide order dated 13.2.2017. However the term plaintiff appellant shall connote the sole appellant, Padmadhar Kalita. Title suit No. 95/2000 was filed by the present appellant for declaration and confirmation of right, title and interest over the land and suit house for khas possession evicting the defendant respondent from the suit house standing on the land. The claim over the suit land and house is on the basis of a registered sale deed No. 1272 dated 29.3.1965. On the suit land construction was carried out and the plaintiff appellant used to run a restaurant thereon. Since 1.1.1991 the defendant respondent was allowed to manage the said restaurant with his own capital. In the year 1994 the defendant respondent took an amount of Rs. 20,000/- from a party as security money to let out the house but it was resisted by the plaintiff appellant. Further in the year, 1998 the defendant respondent changed the name of the restaurant and even on persistent demand the defendant appellant changed the name of the restaurant thereby expressing the intention that he would not give up the possession of the suit room over the suit land. Accordingly pleading bonafide requirement of the house and the land for his sons, the plaintiff appellant was compelled to file the suit for the reliefs hereinabove.

(3.) The defendant respondent filed his written statement taking the plea that purchase of the said land in the name of the plaintiff appellant was a benami purchase and real purchaser was his father Debeswar Kalita. His father constructed the house in the year 1960 over the suit land and Municipal holding No. 76 stands in the name of his father and both he alongwith his father carried on the business of repairing of motor vehicles. Denying the fact of construction of the house on the suit land by the plaintiff appellant, it is the defence that in the year 1965 the plaintiff appellant was a student and the land was purchased by their father. Their father died in the year 1983 and handed over the possession of the said part of the house to the defendant respondent in the year 1990 and since then he has been running hotel business. The plaintiff appellant separated from the parents in the year 1978 and had no cordial relation with his mother, brothers and sisters. Accordingly, reiterating the stand that the entire land with the house thereon belonged jointly to all the heirs of late Debeswar Kalita and the plaintiff cannot seek any separate right, title, interest and possession in respect of the said joint property he sought for dismissal of the suit.