IMPORTANT POINTS
(1) Competency of a person to testify as a witness is a condition precedent to admissibility and credibility of his evidence.
(2) In civil proceedings parties and their husbands and wives are competent witnesses.

ORDER

1. Leave granted.

2. This appeal arises from the Judgment and Order passed by the High Court dated 15-3-2021 in the Regular Second Appeal No.35/2013 by which the Second Appeal filed by the original defendant No.3(Respondent Nos.1 to 4 – herein) (the legal heirs of Defendant No.3) came to be allowed, thereby setting aside the Judgment and Order passed by the First Appellate Court in the First appeal No.57/2011 allowing the counter-claim of the appellant – herein (original Defendant No.1).

3. It appears from the materials on record that the original plaintiff (Respondent No.6 – herein) instituted Title Suit No.75/2017 and prayed for the following reliefs:-

“(a) for a declaration that plaintiff is the owner of 1st schedule land and 3rd schedule land by purchase having land holder right, maliki right over the second schedule house.

(b) for granting permanent injunction restraining the defendant not to dispossess the above named plaintiff from his bonafide land and house stated in the schedule 1 and 2 of the plaint and not to change nature and feature of the suit land and not to create any document in respect of the suit land.

(c) for a declaration that the so called registered sale deed no. 477, dated 19.12.1965 and 4273 dated 25.11.1978 of the S.R. Office, Bhangabazar, Karimganj (Assam) are illegal, collusive without any transaction and hand over initio void and or took over possession, ab liable to be declared as cancelled and that a copy of the judgment and decree of this suit be sent to the office of the Sub Registrar, Bhangabazar to note in the volume book and other relevant records that the said so called deeds / documents as cancelled.

(d) for cost of the suit that plaintiff is entitled to his named in respect of suit land in the settlement record.

(f) for any other relief or reliefs to which the plaintiff deem fit and entitled.”

4. In the Title Suit referred to above, the appellant – herein (original Defendant No.1) filed counter-claim.

5. One another Counter-Claim was filed by the original Defendant No.3 (Respondent Nos.1 to 4 herein).

6. The Suit came to be dismissed.

7. The Counter-Claim filed by the appellant – herein also came to be dismissed, whereas the counter-claim filed by Defendant No.3 came to be allowed.

8. Being dissatisfied with the Judgment and Order passed by the Trial Court, the appellant – herein preferred First Appeal No.57/2010 (Annexure 12). The First Appeal came to be allowed and the counter-claim of the appellant – herein was decreed.

9. In the counter-claim the appellant - herein had prayed for the following reliefs:-

“(i) For declaration that counter claimant / defendant has her right, title and interest over the land described in Schedule I & II below of the Counter Claim by purchase.

(ii) For cancellation of deed no. 160 dt. 24-01- 2007 the same as ab initio void, in-operative, sham and sending of this cancellation order to Sub - Registrar, Bhanga Bazar for nothing the same in cancelled book and volume.

(iii) For declaration that if any deed or deeds in respect of dag no. 83 is found from the possessing of the plaintiff showing his right title over the land under dag no. 83 same shall be treated as in-operative, ab-initio void cancelled and sending of this cancellation order to the concerned book and volumes of concerned Sub – Registrar.

(iv) For handing over the khas possession of the land in favour of counter claimant / defendant no. 1 by the plaintiff within the time fixed by the court failing which the counter claimant / defendant no. 1 is entitle to same through court.

(v) For perpetual injunction restraining the plaintiff from interfering in peaceful