PRASANTA KUMAR DEKA
Legal heirs Smti. Arati Lahkar – Appellant
Versus
Legal heirs-Sri Abhijit Baruah – Respondent
Prasanta Kumar Deka, J.
Heard Mr. J Deka, learned counsel appearing on behalf of the appellants and Mr. BD Deka, learned counsel appearing on behalf of the respondents.
2. The respondents, as plaintiffs, instituted title suit No. 48/1991 against the defendant/ appellants praying for a decree of khas possession by evicting the defendant including the persons who are occupying the house under him (defendant/ appellant) and also by removing the thatched structures and Chalis and also for declaration of title. The case of the plaintiff/ respondents is that they are the owner and in possession of 2K 10L of land covered by Dag No. 482/483 of KP Patta No. 63 which is described in the Schedule A of the plaint. The said land was purchased by the deceased plaintiff Priyambada Baruah from one Kaliprasad Baruah and other co-owners by registered sale deed dated 27.02.1970 where-after possession was delivered to her. Her name was duly mutated vide order dated 06.01.1988 in Mutation Case No. 1160/1986-87. Immediately after taking possession, the deceased plaintiff (the present respondents are her legal heirs) constructed a thatched house and allowed some labourers to stay there.
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