Guwahati Court February 2015 Judgments

Buduma Mili and Another Vs. Marka Mili and Another

Court: Guwahati

1. Heard Mr. R. Sarma, the learned Counsel appearing for the petitioners (defendants). The respondents (plaintiffs) are represented by the learned Counsel Mr. B. Padun. 2. The Title Suit No.8/2007 was filed for restoration of possession under Section 6 of the Specific Relief Act, 1963 (hereinafter referred to as the 1963 Act). It was alleged in the plaint that the plaintiff No.1s cousin brother (defendant No.1) on 26.1.2007 forcibly dispossessed the plaintiffs from the suit land. The suit was decreed on 29.11.2008 (Annexure-3) by the learned Civil Judge, Lakhimpur by declaring the right, title and interest of the plaintiffs over the suit land and also for recovery of possession from the defendants. 3. Assailing the legality of the impugned decree, the defendants submit that since recovery of Government land was sought in the case, the suit was not maintainable under Sub-Clause (b) of the Section 6(2) of the 1963 Act. Moreover, since the title was declared in summary proceeding under th...