Phanidhar Kalita v. Saraswati Devi & Anr.
CIVIL APPEAL NOS.2924 – 2925 OF 2014
The case of the appellant/plaintiff is that he purchased 1 bigha of land, from one Mukta Ram Saikia by registered sale deed and took possession of the same. It is his further case that the respondent also purchased 1 bigha of land from the original common owner Bati Ram, which is the adjacent northern portion of the appellant/plaintiff’s land and respondent /defendant constructed a thatched house by encroaching some portion of the appellant/plaintiff’s land and on measurement, it is found that respondent /defendant had encroached an extent of 1 katha 16. In the interest of justice, the Supreme Court deem it fit to remit the matter to the Trial Court for fresh adjudication with regard to the reliefs of recovery of possession and permanent injunction only. SC further recommended that since the title suit is of the year 1987 the Trial Court shall endeavour to dispose of the same as expeditiously as possible preferably within a period of six months from the date of receipt of records…..read more