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1995 Supreme(Gau) 147

M.SHARMA
Gokul Chandra Das – Appellant
Versus
Satish Chandra Das – Respondent


Advocates Appeared:
M.R.Das, J.M.Choudhary, B.K.Goswami

This appeal has been preferred by the appellants against the judgment and decree dated 3.12.86 decree signed on 8.1.87 passed by the Assistant District Judge, Barpeta in Title Appeal No.31 of 1985 setting aside the judgment and order dated 22.5.85 and decree dated 22.5.85 in Title Suit No. 15 of 1984 passed by Shri B. Barman, Munsiff No.2, Barpeta.

2. The opposite party as plaintiff filed the Title Suit No. 15 of 1994 for declaration of title and recovery of khas possession contending in the plaint that he got settlement of the land measuring about 7 bighas and had been dispossessed by the defendant (appellant) on 4.3.83 and took away mustard seeds etc grown by him and therefore filed the suit as stated above. The appellants/defendants contested the suit, denying all along the title of the plaintiff opposite party as well as his possession and took the plea of adverse possession over the land in their written statement as well as in their evidence.

3. The trial Court dismissed the suit and on appeal the lower appellate Court decreed the suit by reversing the judgment and decree of the trial Court. Hence this appeal preferred by the defendant.

4. As many as seven issues were framed and














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