GUWAHATI, India, Nov. 19 -- Gauhati High Court issued the following order on Oct. 22:

1. Heard Mr. S. Biswas, learned counsel for the appellants in RSA No.17/2024, Mr. B.J. Mukherjee, learned counsel for the appellants in RSA No.26/2024 and also heard Mr. P. Chowdhury, learned counsel for the respondents in both the appeals.

2. By this common judgment and order, it is proposed to dispose of both the appeals, as the same have arisen out of the common judgment dated 12.09.2023 and decree dated 16.09.2023, passed by the learned Civil Judge (Sr. Division), Sonitpur, Tezpur, (herein after the first appellate Court) in Title Appeal No.4/2022, whereby the learned first appellate Court) has reversed the judgment and decree dated 28.10.2021, passed by the learned Munsiff No.2, Sonitpur, Tezpur, (herein after trial Court) in Title Suit No.66/2012.

3. For the sake of convenience, the status of parties as indicated in the Title Suit No.90/2020 is adopted in these appeals.

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

"Late Dhaneshwar Baruah was the ancestor of the plaintiffs and the defendants both, who owned and possessed considerable landed property, and particularly, he had acquired 3 bigha of land under Dag No.275 (new) covered by P.P. No.73, and also acquired another 1 bigha 1 katha 1 lecha of land, under Dag No.274 (new) of P.P. No.102, under Goramari Mouza, in Sonitpur district. Both the plots of land are situated adjacent to each other and formed part of Schedule-"A" land. On the death of said Dhaneshwar Baruah, his three sons, namely, Late Moheswar Gogoi, Late Ramakanta Baruah and Late Pyari Mohan Baruah had inherited all the properties, including the suit land, left behind by Dhaneshwar Baruah. During the lifetime of Moheswar Gogoi, Ramakanta Baruah and Pyari Mohan Baruah, they have agreed to divide 4 bigha 1 katha 1 lecha of land equally, having 1 bigha and 2 katha each of them and accordingly, Late Moheswar Gogoi opted to take northern part, Late Pyari Mohan Baruah opted to take the southern part leaving the middle portion for Late Ramakanta Baruah. The names of Late Moheswar Gogoi, Late Ramakanta Baruah and Late Pyari Mohan Baruah were mutated in the revenue record. But, during their lifetime, they did not make partition of the aforesaid land. However, after the death of Moheswar Gogoi and Ramakanta Baruah, surviving brother, namely, Pyari Mohan Baruah and surviving son of Late Moheswar Gogoi, Tangkeshwar Gogoi and Prabin Baruah had demarcated their share in the year 2004 and accordingly, Pramila Baruah, Jatin Baruah, Prabin Baruah and Chandan Baruah were given 1 bigha and 2 katha land from "A" schedule land i.e. 3 bigha and 1 bigha 1 katha 1 lecha land and the plaintiffs are in possession of the said land and they alleged that the defendant No.1 Uttam Baruah @ Uttam Gogoi, defendant No.6- Smt. Bakuli Baruah, defendant No.7-Shri Balen Baruah and defendant No.8-Shri Deepjyoti Baruah had made serious attempt to encroach into the land, measuring 1 bigha 2 katha in Schedule "B" land of the plaintiffs and removed several numbers of valuable trees. The plaintiffs made objections against the illegal works of the defendants, but they did not pay any heed and started permanent construction over the Schedule "B" land, which the plaintiffs had noticed on 20.05.2012.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=tuqye3PhFs%2BBDn75ghiOpBXJcEL%2B40EqtMi%2FrQtoEDXGllLSTXEepGj9%2BiLrRD7M&caseno=RSA/26/2024&cCode=1&cino=GAHC010275392023&state_code=6&appFlag=)

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