Heard Mr. M.A. Sheikh, the learned Counsel appearing for the petitioner (plaintiff). The Chairman of the Bilasipara Town Committee (defendant) is represented by the learned Counsel Mr. A.K. Sarma.

2. The Title Suit No.120/2002 was filed under Section 6 of the Specific Relief Act for restoration of possession of the shop room at Monohari Line of the Chandina Bazar by alleging forcible dispossession by the Bilasipara Town Committee on 17.2.2002. Mandatory injunction was also prayed for a direction on the defendant to return the building materials for re-construction of the shop room. In their W.S. the defendant Bilasipara Town Committee pleaded that the plaintiff illegally constructed a shop house in the Town Committee’s land without consent or approval. Consequently during the eviction drive against the encroachers carried out under supervision of the Executive Magistrate, all the illegal constructions were demolished to free the Town Committee’s land from encroachers.

3. The learned Civil Judge, Junior Division No.1, Dhubri framed 6 (six) Issues including one on maintainability of the suit and whether the plaintiff was illegally dispossessed by demolishing the sh