GUWAHATI, India, May 29 -- Gauhati High Court issued the following order on April 29:

1. Heard Mr. P. J. Saikia, learned counsel for the petitioners. I have also heard Mr. T. Y. Mahanta, learned Senior counsel for the respondent.

2. By filing this application under Sections 115 and 151 of the Code of Civil Procedure, 1908, read with Article 227 of the Constitution of India, the petitioners seek revision of the order dated 05.09.2018, passed by the Munsiff No.1, Sibsagar, in TS No.62/2013. The order rejected the Miscellaneous (J) No.57/15 filed by the petitioners/defendants, which prayed for acceptance of the counter-claim in the said suit on the grounds of delay and prejudice to the plaintiff.

3. The revision petition arises because the plaintiff/respondent instituted the suit on 18.11.2013, claiming ownership over land measuring 15 lechas covered by Dag No. 61 of PP No. 35 of Namtial Pathar. The plaintiff stated that this land was purchased in 2008 via sale deed No. 1588, and their name was mutated in the land records on 26.11.2013, by order of the Circle Officer, Sivasagar. Additionally, the plaintiff claimed ownership over 9 lechas of land covered by Dag No. 61 of PP No. 35, purchased in 1996 through sale deed No. 151, with their name mutated on 25.05.2005.

4. After purchasing the land, the plaintiff developed it with RCC construction, including a concrete boundary wall, except for a narrow northern side. On the northern boundary, the plaintiff constructed a boundary wall about 6 feet high, with permission obtained from authorities on 25.06.2013. An iron gate was installed on this northern side, leading to the embankment, to facilitate garbage disposal over the adjoining government land. There was also a kacha road on the southern side, about 8 feet wide and 135 feet long, leading to NH 37. This road was constructed by local residents, leaving about 4 feet of land on each side from their homesteads, and was used solely for ingress and egress by the respondent's society members to reach the Murung Ghar. Prior to this, no such road existed.

5. The petitioners/defendants reside approximately 200 feet west of the Murung Ghar, beyond the embankment, and have their own road leading to NH 37 from Dorika Embankment. They attempted to use the private road through a small gate in the northern wall without authority, which the plaintiff had kept closed. On 25.10.2013, the defendants, armed with lathis and iron rods, forcibly entered the Murung Ghar, damaged property, and threatened to continue using the land for ingress and egress. This prevented the plaintiff from performing rituals and daily prayers at the Namghar and Murung Ghar.

6. Under the circumstance, the plaintiff filed the suit seeking declaration of rights, title, possession, and a permanent injunction, asserting their lawful possession and rights over the land. The cause of action arose from the date of purchase, development, mutation, and the defendants' forcible entry on 25.10.2013.

7. The defendants filed their joint written statement on 10.04.2014. Subsequently, on 19.11.2015, the defendants filed a petition to set up a counter-claim, seeking declarations of easementary rights over the disputed road, asserting that the road was a public road, and praying relief including mandatory injunction and compensation.

8. The trial court, after considering the pleadings and record, rejected the counter-claim on the grounds of unexplained delay, which would cause prejudice to the plaintiff, and that allowing the counter-claim at such a late stage would be unjust.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=rC8SUFuyEFsvB5V61cXUrDZ%2BGTm8EQhKCwP9DGkWMKtG1Bt8PP5hKT%2FIE%2BBTVP%2F%2B&caseno=CRP/178/2018&cCode=1&cino=GAHC010253102018&state_code=6&appFlag=)

Disclaimer: Curated by HT Syndication.