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1990 Supreme(Gau) 270

S.N.PHUKAN
On The Death of Appellant No. 1 Mahendra Nath Dutta, His Heirs Smti Sumala Dutta & Ors. – Appellant
Versus
Mohan Chandra Bora and Others – Respondent


Advocates Appeared:
B.K.Goswami, B.N.Sarma, G.K.Talukdar, P.K.Kalita

This appeal is by the defendants against the judgment of reversal.

2. According to the plaintiff he is the sole owner of the land covered by dag No. 1814 and 2308 of the periodic patta No. 1719 of Nagar Mahal Mouza in Sibsagar town. In the plaint two schedules have been given, namely, Schedules -'A' and 'B'. The defendants have their own land contiguous to the suit land. It is alleged that the defendants 1, 2 and 3 encroached the land of the plaintiff in Dag No. 2306 by raising a thatched house which was replaced by C.I. Sheets sub­sequently and in Dag No. 1814, the defendants constructed three service latrines without the knowledge and consent of the plaintiff. On 16.1.67, the plaintiff got his land surveyed and detected that the defendants trespassed into his land. Hence, the present suit praying for a decree of declaration of right, title and interest of the plaintiff over the suit land and for removal of the structures on the said land. A Joint written statement has been filed on behalf of all the defendants except the defendant No. 7. It has been pleaded that the defendants No. 1, 2 and 3 are in undisturbed peaceful possession of the land of Dag No.2306 and a part of dag No. 13

















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