The plaintiff established ownership and continuous possession of the land through valid documents and rectification, contrary to the lower appellate court's findings.

JUDGMENT :

ROBIN PHUKAN, J.

Heard Mr. B.D. Deka, learned counsel for the appellant. Also heard Mr. S. Chauhan, learned counsel for the respondent No. 1.

2. This second appeal, under Section 100 of the CPC, is directed against the judgment and decree dated 30.05.2022, passed by the learned Civil Judge No.2, Kamrup(M) at Guwahati, in Title Appeal No. 51/2016.

2.1. It is to be noted here that vide impugned judgment and decree dated 30.05.2022, the learned Civil Judge No. 2, Kamrup(M) at Guwahati (‘first appellate Court’, for short) had allowed the appeal by reversing the judgment and decree dated 04.06.2016, passed by the learned Munsiff No. 1, Kamrup(M) at Guwahati (‘trial Court’, for short), in Title Suit No. 133/2009.

3. For the sake of convenience, and to avoid confusion, the parties herein are referred to in the same status, as they appeared in the suit.

4. The background facts, leading to filing of the present appeal, are briefly stated as under:-

“The appellant herein, namely, Sri Abhishek Shah as plaintiff, had instituted a suit against the defendant/respondent No. 1 herein, namely, Sri Radhya Shyam Sarkar, for declaration of plaintiff's right, title and interest over the suit land and also for recovery of possession and permanent injunction. The case of the plaintiff is that Late Dandiram Kumar and Raheswar Kumar were the exclusive owner and possessor of a plot of land covered by Patta No. 25. After disposal of land by various manner, a plot of land measuring 3 bighas 4 kathas 7½ lechas remained in the hands of Sri Ananta Kumar, son of Late Dandi Ram Kumar; Sri Arun Kumar and Sri Jagadish Kumar, both sons of Raheswar Kumar and these three persons jointly executed a power of attorney appointing and empowering Sri Ranjit Kumar Dey, son of Late Dasarath Kumar Dey, vide registered deed No. 5299, dated 16.10.1996, to sell the above referred 3 bighas 4 kathas 7½ lechas of land. Thereafter, Sri Ranjit Kumar Dey on the strength of the aforesaid power of attorney, being deed No. 5299, dated 16.10.1996, sold 1 katha 5 lechas of land out of the aforesaid total land of 3 bighas 4 kathas 7½ lechas to Sri Ravi Paul by executing a registered deed of sale, bearing deed No. 3421/98, dated 23.06.1998. Thereafter, Sri Ravi Paul, after seven years, sold the aforesaid land to one Sri Subhash Chandra Das, vide registered deed of sale, bearing No. 5835/04, dated 03.08.2004. Thereafter, Sri Subhash Chandra Das had sold out the suit land to Shri Abhishek Shah/the plaintiff; vide registered sale deed No. 17096, dated 17.12.2007, through his power of attorney holder Sri Suman Das Gupta the power of attorney being deed No. 3152 dated 07.06.2006, which was executed by Subhas Chandra Das in favour of Suman Das Gupta authorising him to sell his land. At the time of execution of the sale deed by Sri Ranjit Kumar Dey in favour of Sri Ravi Paul, the boundary of the land was shown wrongly, and as such vide respective rectification deeds, all the subsequent purchasers, right from Sri Ravi Paul had their boundary of sale deeds rectified. Thereafter, in the month of March, 2008, when plaintiff, along with Smti. Moutushi Dutta started construction of boundary wall and was about to affix a gate on the southern side of the land, the defendant appeared and started claiming the suit land to be his own and forcibly tried to enter upon there, but could not succeed.