N.CHAUDHURY
Bijoy Kumar Baruah – Appellant
Versus
Konmai Baruah – Respondent
Advocates Appeared:
For the Appellants : Mr. G.N. Sahewalla and Mr. P. Deka.
Judgement Key Points
- The suit land measures 1B 3K 15Ls as described in Schedule-A to the plaint. [14000228710001] (!)
- Plaintiff claims ownership by inheritance from father Ramkumar Baruah, who purchased the land in 1966 from Sidananda Bhuyan, Someswar Bhuyan, and Rameswar Bhuyan, with mutation on 15.03.1966. [14000228710001] (!) [14000228710009]
- Ramkumar Baruah died in 1997; plaintiff and proforma defendants 2 and 3 mutated names on 24.02.2000. [14000228710001][14000228710009]
- Defendant No. 1 (Basanta Kumar Baruah, stepbrother) permitted temporary structure in 1996 but occupied entire land after Ramkumar's death. [14000228710001]
- Defendant claims suit land owned by grandfather Manik Baruah (married twice); ancestral property devolving to all heirs, with exclusive possession permitted to defendant. [14000228710002]
- Trial court framed 9 initial issues plus 3 additional issues on cause of action, limitation, title, ancestral nature, permission, etc. [14000228710003] (!) (!) (!) (!) [14000228710004][14000228710005][14000228710006][14000228710007] (!) (!) (!) (!)
- Plaintiff evidence: PW examined, Ext-1 (jamabondi), Ext-2 (revenue receipt); later on remand, Ext-3 (sale deed 04.07.1941, 7B 5K 7½L, Dag 560, PP 48), Ext-4 (07.05.1943, 1B 17Ls, Dag 560, PP 48). (!) (!)
- Trial court dismissed suit, holding Ext-3 and 4 not applicable due to mismatch in Dag No. 1683/PP 127 (suit) vs. Dag 560/PP 48. (!)
- First appeal remanded for additional issue on self-acquired nature; post-remand, trial court again dismissed; first appellate court upheld on 06.03.2006. (!) (!) (!) (!)
- Second Appeal admitted on substantial question: whether courts justified in holding Ext-1 confers no title. [14000228710012] (!) (!)
- Ext-1 shows original owners Sidananda et al., mutated to Ramkumar (1966), then heirs (2000); suit land Dag 1683, PP 127, Charigaon mouza, Dahikhor gaon. [14000228710009] (!) [14000228710010]
- Argument: Post-1957-58 resurvey, old Dag 560/PP 48 became new Dag 1683/PP 127, supported by chita/jamabondi photocopies (O.41 R.27 application). (!) [14000228710009][14000228710010]
- High Court notes chita/jamabondi essential to resolve if lands identical; remands to first appellate court for further evidence under O.41 R.27(b), criticizes trial court for not invoking S.30 CPC earlier. [14000228710010][14000228710011]
- Appeal allowed; first appellate judgment set aside; dispose within 6 months; notice to respondents. [14000228710011][14000228710012]
JUDGMENT AND ORDER :
N. Chaudhury, J.
1. Challenging the concurrent findings arrived at by the learned trial Court and the First Appellate Court, the plaintiff has preferred this Second Appeal.
2. The present appellant as plaintiff instituted Title Suit No. 37/2000 in the Court of learned Civil Judge (Junior Division) No. 1, Jorhat, on 10.07.2000 stating that the suit land measuring 1B 3K 15Ls described in Schedule-A to the plaint is owned by the plaintiff and the proforma defendants no. 2 and 3 by inheritance. According to the plaintiff, the land was originally owned and possessed by Ramkumar Baruah, his father, and defendant no. 1, Basanta Kumar Baruah, happens to be the step brother of said Ramkumar Baruah. Ramkumar Baruah purchased the suit land in the year 1966 from one Sidananda Bhuyan, Someswar Bhuyan and Rameswar Bhuyan and he obtained mutation to the suit land vide order dated 15.03.1966 passed by the learned Sub-Deputy Collector of Jorhat. Ramkumar Baruah died in the year 1997 and accordingly the plaintiff and the proforma defendants no. 2 and 3 got their names duly mutated in the records of rights by right of inheritance on 24.02.2000. Ramkumar Baruah and his brothers, the
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