JUDGEMENT
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(1.)The powers conferred by Section 100 of the Code of Civil Procedure have been sought to be invoked by preferring the present appeal whereby the appellant has put to challenge a
judgment and decree dated 26.09.2008, passed in Title Appeal No.111/2006 by the learned
District Judge, Kamrup affirming the judgment and decree dated 08.12.2005, passed by the
learned Civil Judge (Sr. Division) No. 3, Kamrup in Title Suit No. 295/2002. The plaintiff is the
appellant in the instant case.
(2.)Before proceeding in the matter, it would be convenient to narrate a brief background of the facts of the case.
(3.)The plaintiff-appellant had instituted the suit for declaration of right, title and interest and for permanent injunction in respect of the suit land measuring 1 katha 2 lechas covered by Dag
No.198/46 of No.2 Patta, Village-Noonmati, FS Grant, under Mouza-Ulubari in the district of
Kamrup which has been described with boundaries in the schedule of the plaint. The pleaded
case is that the plaintiff had purchased a plot of land measuring 2 kathas 10 lechas covered by
the aforesaid Dag and Patta vide registered Sale Deed No.6469/2000 dated 06.09.2000
whereon the plaintiff had his dwelling house. It has been averred that the plaintiff had
purchased another plot of land measuring 1 katha 2 lechas covered by the aforesaid dag and
patta (suit land) vide a registered Sale Deed No.4679/2002, dated 15.07.2002. Ever since the
said purchase, the plaintiff claims to have been in occupation over the land in addition to the
earlier land purchased in September, 2000.
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