IMPORTANT POINT
A suit for declaration of title without seeking possession is not maintainable under the Specific Relief Act.

JUDGMENT :

ROBIN PHUKAN, J.

1. Heard Mr. P. Chaudhury, learned counsel for the appellants and Mr. S.K. Goswami, learned counsel for the respondent Nos. 1, 2 & 3.

2. In this appeal, under Section 96 read with Section 151 of the C.P.C. the appellants have put to challenge the correctness or otherwise of the Judgment and Decree dated 28.05.2018, passed by the learned Civil Judge No. 1, Kamrup (M) at Guwahati, in Title Suit No. 277/2013.

3. It is to be noted here that vide impugned Judgment and Decree dated 28.05.2018, the learned Civil Judge No. 1, Kamrup (M) at Guwahati has decreed the suit, declaring the right, title and interest of the plaintiffs in respect of the suit land described in Schedule B jointly along with defendants Nos. 1-6 and also declaring that the plaintiffs are entitled to collect rent from the traders of the Lakhra Charali weekly and daily market to the extent of the share they are entitled to as agreed upon by the parties, who are jointly entitled to collect the rent.

Background Facts:

4. The background facts, leading to filing of the present appeal, are adumbrated herein below:

“The case of the plaintiffs’ is that Late John Mikir, father of plaintiff No. 1; Late Suti Ram Mikir, father of plaintiff No. 3 and defendant No. 1; Late Kanti Ram Mikir, father of defendant No. 2 & 3 and Late Bolo Ram Mikir, husband of defendant No. 4 and father of defendant No. 5 & 6 had purchased a plot of land measuring 9 Bighas 4 Kathas 1 Lecha covered by Dag No. 1012 of K.P. Patta No. 72 from Late Hiren Ram Phukan and Late Biren Ram Phukan, executing a registered sale deed No. 3558 dated 13.03.1957, described in Schedule A in the plaint. After purchase of the land, the names of the Pattadar were mutated in the records of right and after the settlement operation the original patta number and dag number were changed to Patta No. 771 and Dag No. 3030, 3031 & 3032 respectively. The purchasers were in possession for more than 30 years after the settlement operation, vide K.P. Patta No. 159 conferring the status of landholders. Then the plaintiffs on 15.12.2004, applied before the Additional Deputy Commissioner, Kamrup (M) by three separate petitions to get their names mutated over a plot of land measuring 10.86 Are of New Dag No. 3030, land measuring 2.42 Are of Dag No. 3030 and land measuring 118.62 Are of Dag No. 3030 under K.P. Patta No. 771 for a total area of land measuring 131.90 Are in place of the deceased landholders (pattadars) Suti Ram Mikir, Kanti Ram Mikir and John Mikir, and predecessor in interest of the defendant No. 4 to 6 of Late Bolo Ram Mikir.

Thereafter, defendant Nos. 10 & 11 raised objection before the Settlement Officer, Guwahati in Misc Case No. 17/06-07 stating that they are the absolute owners in respect of the disputed land by virtue of purchase on behalf of “Raij” by registered sale deed No. 3558 dated 13.03.1957, stating that the suit land which was originally used for agricultural purposes and was developed by the people of the locality and now the same has been converted into a commercial land. During the course of time, the land was used by some traders and now it has been developed into a daily and weekly market under the name and style of “Lakhra Bazar” and there is a School as well as the Office of the Mahila Samiti, towards the western part of the land, which were established in the year 2007 & 2010. The plaintiffs have no objection to the establishment of the school and the Mahila Samiti and in the remaining 9 Bighas 4 Kathas 1 Lecha land there is regular market having at least 100 traders and there are some tenants on a monthly basis also. The plaintiffs collected rent from the weekly market traders and from the tenants. After the increase of rent, the collection from the daily market was to the tune of 3 lakhs each month. The defendants started collecting the rent by propagating that they are the owners of the land w.e.f. 01.07.2011, and the defendants are collecting the rent from the market without p