Hon'ble Mr. Justice S. Talapatra

1. Heard Mr. R.P. Sharma, Senior learned counsel appearing for the appellant-defendant on admission. This is an appeal under Section 100 of the C.P.C against the judgment and decree dated 02.05.2012 passed by the Civil Judge, Marigaon in Title Appeal No. 11/2002 affirming the judgment and decree dated 31.07.2010 passed by the Munsiff, Marigaon in Title Suit No. 48/2006.

2. The suit was filed by the respondent being Title Suit No. 27 of 2005 for declaration of right, title and interest, for recovery of khas possession and also for consequential relief of permanent injunction. The suit was valued by the plaintiff, hereinafter referred only as the respondent, at Rs. 1,50,000/- and accordingly ad-valorem Court fees was paid.

3. A part of the suit land as described in the Schedule-A to the plaint, was grabbed by the appellant, on taking advantage of absence of Jai Narayan Agarwala, the original Pattadar and the appellant got their name mutated without any notice to the original Pattadar. Thereafter, by an order dated 08.07.2005 as passed by the Additional Deputy Commissioner, Revenue, Marigaon the said entry was cancelled and the concerned Circle O