ORDER

Date : 25-02-2022 Heard the learned counsel Mr. A. Sarma for the petitioner as well as Mr. R. K. Bhuyan for the respondent.

This is an application under Article 227 of the Constitution of India challenging the order dated 20.01.2020 passed by the Munsiff No. 1, Kamrup (M), Guwahati in Misc. (J) Case No.

395/2018 arising out of T. Ex. Case No. 04/2013.

The decree holder filed the suit T.S. 308/2009 against Smti. Bulan Bala Devi, her son Lakheswar Sarma and another person named Deba Kumar Das. The decree holder prayed before the court below for a decree declaring his right, title and interest upon a plot of land measuring

1.52 Are (described as Schedule-A in the plaint) covered by Dag No. 644 of K.P. Patta No. 209 along with an Assam Type House and structure consisting of seven rooms with separate latrine and bathroom. The Assam Type house in that land is described in the Schedule-B of the plaint.

The suit was decreed and execution proceeding was initiated.

The present petitioner who is a stranger to the suit staked a claim before the executing court stating that he had an agreement for sale with Deba Kumar Das in respect of a plot of land measuring 6 ½ lechas of land out of 13 lechas