1. This second appeal is directed against the judgment and decree dated 27.8.1998 passed by the learned Civil Judge (Senior Division) No. 1, Cachar, Silchar, in Title Appeal No. 56 of 1994 by reversing and setting aside the judgment and decree of the learned Munsiff No. 2, Cachar, Silchar dated 27.9.1994 decreeing Title Suit No. 207 of 1988 filed by the present appellant/plaintiff.

2. Heard Mr. N. Dhar, learned senior counsel appearing for the appellant and also learned Government Advocate appearing for the respondent No. 1, State of Assam and Mr. P. Goswami, learned counsel appearing for the respondent Nos. 2 to 6.

3. Neglecting un-necessary details, the concise facts which would be sufficient for deciding the present appeal are that the appellant-plaintiff filed the Title Suit No. 207 of 1988 in the Court of Munsiff No. 2, Cachar, Silchar for declaration of the ownership title in respect of the patta land described in Schedule-1 to the plaint, declaration of possessory title in respect of the khas land described in Schedule-2 to the plaint and also for recovery of possession in respect of the suit land described in Schedule-3 to the plaint. The case of the appellant-plaintiff pleaded in the plaint in Title Suit No.207 of 1988 are that the patta land described in Schedule-1 to the plaint measuring 3 kathas 15 chattaks covered by Dag No. 116/890 of 2nd R.S. Patta No. 120 was originally belonged to one Bhulua Rabidas who sold the same to one Shri Bipin Bhor by executing a registered sale deed dated 11.11.1976 [Ext-3] and delivered the possession of the said land to him. Shri Bipin Bhor died leaving behind two sons, namely - Shri Sibdhari Bhor and Sri Sib Narayan Bhor. Shri Sibdhari Bhor and Sri Sib Narayan Bhor sold the suit land at Schedule-1 to the plaint to the appellant-plaintiff by executing the sale deed dated 25.7.1983 [Ext-1] and delivered the possession thereof to the plaintiff-appellant.

4. The further pleaded case of the appellant-plaintiff was that the suit land described in Schedule-2 to the plaint measuring 5 kathas covered by khas Dag No. 1037, Mauja Chuto Dudhpati, District Cachar was originally belonged to Dudhpati Tea Estate and after closure of the said tea garden it was made khas land. But the possession of the said Government khas land at Schedule-2 was with the ex-labourer of the said garden namely Shri Sibdhari Bhor who sold the schedule-2 land to the appellant-plaintiff by executing a deed dated 6.6.1981 (Ext-4). Shri Sibdhari Bhor also delivered the possession of the schedule-2 land to the appellant-petitioner on the very day of executing the said deed dated 6.6.1981 (Ext-4).

5. During the year 1985, the father of the respondents/defendants Nos. 2 to 5 and the husband of the respondent/defendant No. 6 initiated a proceeding under section 107, Cr.PC against the appellant-plaintiff by claiming a right of way through the Schedule-2 land. But the said proceeding was dropped after hearing the appellant-plaintiff. The defendant Nos. 2 to 6 in collusion with the interested officers of the respondent-defendant No. 1, State of Assam had started an Encroachment Case No. 93 of 1986 against the appellant-plaintiff in respect of the Schedule-2 land. In that case, the appellant-plaintiff was arrested illegally and was forcibly dispossessed the land described in Schedule-3 of the plaint, which is a part of the land, described in Schedule-2 of the plaint. Over and above, the defendants-respondents tried to carve out a path over the land described in Schedule-3 of the plaint by cutting earth, felling of trees and also by filing up water well. Accordingly, the appellant/respondent filed the Title Suit No. 207 of 1988 after issuing notice under section 80 of the CPC to the respondent/defendant No. 1, State of Assam and the respondent Nos. 2 to 9 for reliefs : -

(1) Declaration of ownership title of the appellant/plaintiff over the land described in schedule-1 to the plaint.

(2) Possessory title of the appellant/plaintiff over t

Click Here to Read the rest of this document