IMPORTANT POINT
The validity of a sale deed confers title to the purchaser, and claims of permissive occupation by defendants do not negate this ownership.

JUDGMENT :

DEVASHIS BARUAH, J.

Heard Mr. K Agarwal, the learned senior counsel, assisted by Ms. P Neog, the learned counsel appearing on behalf of the appellant. Mr. MK Sarma, the learned counsel appears on behalf of the respondents.

2. This is an appeal under Section 100 of the Code of Civil Procedure, 1908 (for short, ‘the Code’) challenging the judgment and decree dated 04.06.2009 passed by the Court of the learned Civil Judge, Jorhat in Title Appeal No.22/2008 whereby the appeal was dismissed and the judgment and decree dated 30.06.2008 and 27.04.2009 in Title Suit No.112/2006 passed by the learned Munsiff No.1, Jorhat was affirmed.

3. This Court vide an order dated 28.08.2009 admitted the instant appeal by formulating three substantial questions of law which are reproduced hereinunder:

1. Whether the learned Courts below erred in law in decreeing the suit of the plaintiff/respondent on the basis of Exhibit-1 Sale Deed when the execution of the same was not proved duly, which has not conferred any right, title and interest on him?

2. Whether the executants of the Exhibit-1 Kafaiuddin had any right to alienate the suit land?

3. Whether that the findings of impugned judgments and decrees are perverse and vitiated for non reading or non-consideration of the evidence of DWs?

4. To ascertain as to whether the said substantial questions of law so formulated are involved in the instant appeal, this Court finds it relevant to refer to the facts which led to the filing of the instant appeal. One Muhammad Luftur Rahman had instituted a suit before the Court of the learned Munsiff at Jorhat seeking declaration of his right, title and interest over the suit land as mentioned in Schedule A to the plaint; for recovery of khas possession of the suit land as described in Schedule A to the plaint by evicting the defendants, their agents, servants, assigns, workmen etc therefrom; for an order for demolition and removal of the structures standing over the suit land by granting of mandatory injunction as mentioned in Schedule B to the plaint; for permanent injunction against the defendants restraining and prohibiting the defendants, their agents, servants, assigns etc., from entering into the suit land in future, etc.

5. The case of the plaintiff in the said suit is that he had purchased the suit land which has been specifically described in Schedule A to the plaint from one Kafaitullah @ Kaifuddin vide registered deed of sale bearing deed No. 117 dated 29.01.1990. Upon purchase of the said land, the said land was also mutated in favor of the plaintiff on the basis of an order dated 02.03.1991 of the Circle Officer Jorhat (West). It is the case of the plaintiff that as the plaintiff used to reside at a distance of 1KM away from the suit land and on account of friendship, permitted one Manik Ali, who is the father of the defendants to use the suit land and also to raise certain katcha sheds over the said suit land. The said arrangement continued during the lifetime of Late Manik Ali. However, upon the death of Late Manik Ali, the defendants started raising certain pucca construction as well as denied the right, title and interest of the plaintiff over the suit land. It is under such circumstances, a pleader’s notice was issued on 13.04.2006 asking the defendants to vacate the suit land by removing all structures standing thereon within 15 days from the receipt of the said notice, failing which, it was stated that legal action would be taken. The said pleaders’ notice though were received by the defendants, but they did not vacate the suit land and it is under such circumstances, the suit was filed which was registered and numbered as Title Suit No.112/2006 seeking the reliefs as stated supra.

6. The defendants, thereupon, appeared and filed their written statement. Various pleas were taken as regards the maintainability of the suit. However, on merits, the defendants denied that the