JUDGMENT :

Prasanta Kumar Deka, J.

1. Heard Mr. P.K. Roy the learned counsel for the appellant and Mr. M.K. Choudhury, the learned Senior counsel assisted by Mr. A. Barkataki the learned counsel for the sole respondent.

2. The judgment and decree dated 10.3.2017 and 16.3.2017 respectively passed by the learned Civil Judge, Tinsukia in T.A. No. 10/2016 is put under challenge dismissing the first appeal of the appellant and allowing the cross objection of the defendant respondent.

3. The plaintiff appellant, M/s. Kamakhya Coal Pvt. Ltd. a Company incorporated under the Companies Act, 1956 represented by its Director filed T.S. No. 44 of 2008 in the court of learned Munsiff at Tinsukia against the sole defendant-respondent seeking for declaration of its right, title and interest, recovery of possession and injunction in respect of the suit land measuring 20 bighas.

4. The plaintiff appellant company purchased the suit land vide registered sale deed No. 240/1985 from one Jagannath Paul and delivered with the possession thereof which continued till dispossessed by the defendant respondent. The name of the plaintiff appellant was mutated in respect of the suit land vide order dated 30.5.1985