A corporate entity must demonstrate valid title and possessory rights over land it claims, and failure to join necessary parties can invalidate the suit.

JUDGMENT :

ROBIN PHUKAN, J.

Heard Mr. G. N. Sahewalla, learned Senior Counsel assisted by Ms. S. Todi, learned counsel for the appellant and Mr. R. Singha, learned counsel for the respondent No.5.

2. This appeal, under Section 96 of the Code of Civil Procedure, is directed against the judgment and decree dated 04.01.2024, passed by the learned Civil Judge, Morigaon ('trial court' for short), in Title Suit No. 04/2011, notably vide impugned judgment and decree dated 04.01.2024, the learned trial Court has dismissed the suit filed by the present appellant for declaration of right, title and interest over the suit property.

3. The background facts‟, leading to filing of this appeal, is briefly stated as under:-

“The appellant herein namely, Gopal Krishna Tea Company (P) Limited, instituted a suit, being Title Suit No. 4/2011, for declaration of right, title and interest and recovery of khas possession for a plot of land measuring 9 Bighas 3 Kathas 8 Lessas covered by Dag No. 3, of Reedim Grant Patta No.1, Village No.1, Nellie Bagicha Kissam, of Morigaon District.

The pleaded case of the appellant is that one Askar Jalan @ Jalan, son of Late Mahadev Jalan, Lakhi Narayan Saraf, son of Late Chuhanlal Saraf, Baharlal Basani @ Dassani, son of Late Burthar Lal Dassani, Shri Satya Narayan Kanlani @ Karnani, son of Late Bhairadal Karnani and Smti. Narayani Devi, wife of Late Mahadev Prasad Jalan were the original pattadars of the suit patta land.

The plaintiff Gopal Krishna Tea Co. Pvt. Ltd., is a Registered Company and Askar Jalal @ Jalan was the Director of that company who died on 20.08.2004, leaving behind Promod Kr. Jalan, the plaintiff as his legal heir. After the death of Askar Jalan, the plaintiff has been working as Director of the Company and he has been peacefully conducting the business of tea production and manufacturing at Gopal Krishna Tea Co. Pvt. Ltd, over the land belonging to Gopal Krishna Tea Co. Pvt. Ltd. without any hindrance from any corner. The company area is a vast area tea garden and without the knowledge of the plaintiff company, the principal defendants have constructed some temporary houses in various portion of the suit land and they have started dwelling in the said houses with their family members for last two years and they are also constructing small pucca houses in one portion of the suit land for the purpose of assembling being the followers of “Sat Sang Bihar”. The plaintiff company came to know about the same on 01.05.2001. Thereafter, plaintiff visited the area and on 14.05.2011, a meeting was held at the Regional Office of Gopal Krishna Tea Co. Ltd., situated at Marowari Patty, Jorhat, and the Board of Directors made a resolution authorizing the plaintiff to institute the present suit against the principal defendants for removing them from their illegal possession of the suit land.

Thereafter, on 25.05.2011, the plaintiff personally visited the suit premises and requested the principal defendants to remove their houses from the Schedule –'A' land. But, they have denied the right, title and interest of the plaintiff‟s company over the suit land, and being aggrieved the plaintiff instituted a suit claiming the relief as aforesaid before the Court of learned Civil Judge, Morigaon.

The defendant Nos. 1 to 19 entered appearance and contested the suit by filing written statement denying the statement and averment made by the plaintiffs. Their case is that the Govt. of Assam had acquired 105 Bighas of land against Ceiling Case No. 1/1975 on 18.10.1977, covered by Dag No.3, of a Reedim Grant Patta No.1 of