JUDGMENT :

DEVASHIS BARUAH, J.

1. Heard Mr. A. Sattar, the learned counsel appearing on behalf of the Appellant and Mr. B.J. Mukherjee, the learned counsel appearing on behalf of the Respondent.

2. This is an appeal under Section 100 of the Code of Civil Procedure, 1908 (hereinafter referred to as “the Code”) against the judgment and decree dated 21.01.2022 passed by the Court of the Civil Judge, Bongaigaon in Title Appeal No. 19/2019 whereby the judgment and decree dated 26.03.2019 passed by the Court of the Munsiff, Bongaigaon in Title Suit No. 02/2016 was upheld.

3. This Court is taking up the instant appeal at the stage of Order XLI Rule 11 of the Code to ascertain as to whether any substantial question of law arises that can be formulated in terms with Section 100(4) of the Code. For the purpose of deciding the said appeal, it is relevant to take note of the brief facts of the instant case. For the sake of convenience, the parties herein are referred to in the same status as they stood before the Trial Court.

4. The plaintiff who is the mother of the defendant has filed the suit being Title Suit No. 02/2016 seeking declaration of right, title and interest over the suit land as described in the schedule to the plaint for recovery of khas possession as well as for permanent injunction. The case of the plaintiff in brief is that the plaintiff purchased the suit land vide a registered Deed of Sale bearing Deed No. 772 dated 26.10.2004 from one Sri. Gopal Chandra Roy and took delivery of possession of the same. It was specifically averred in the plaint that the plaintiff purchased the land in question out of her past savings from the family expenditure and own money procured through selling of ornaments. The said suit land was duly mutated in the name of the plaintiff. The defendant alongwith his wife and children were living with the plaintiff under a common mess and it has been alleged that the said defendant and his wife had mistreated the plaintiff and on 06.09.2014, the plaintiff was forcefully driven out from her own house. It is under such circumstances that the present suit was filed seeking for declaration of right, title and interest; recovery of khas possession as well as for permanent injunction.

5. The defendant had filed his written statement denying to the various statements and averments made in the plaint. Although, the purchase made in respect to the suit land by the Deed of Sale was admitted but it was the specific case of the defendant that the suit land was purchased out of the joint family income and as such it was the joint family property wherein the defendant also have equal rights over the suit land. On the basis of the said pleadings as many as 6 issues were framed which were as herein-under:

(a) Whether there is any cause of action for the suit?

(b) Whether the suit is bad for non-joinder of necessary parties?

(c) Whether the plaintiff has right, title and interest over the suit land?

(d) Whether the defendant has no right, title and interest over the suit land?

(e) Whether the defendant illegally and forcefully evicted the plaintiff from the suit premises on 06.09.2014?

(f) Whether the plaintiff is entitled to the relief as prayed for or any other relief/reliefs?

6. The plaintiff has examined as many as 5 witnesses and exhibited various documents which were marked as Exhibit-1 to Exhibit-15. The defendant has examined the evidence of 3 witnesses and exhibited two documents which were marked as Exhibit-A and Exhibit-B.

7. The Trial Court vide a judgment and decree dated 26.03.2019 decreed the suit in favour of the plaintiff. Pertinent herein to mention that it was held that the suit land in question was a self-acquired property of the plaintiff and the plaintiff was also forcefully driven out from the suit land on 06.09.2014.

8. Feeling aggrieved and dissatisfied, the defendant as appellant has preferred an appeal before the Court of the Civil Judge, Bongaigaon which was registered and numbered as Title Appeal No.