Possession of land by ex-Addl. Advocate General illegal, court says
SHILLONG: In a blow to former Additional Advocate General and senior lawyer S.P. Mahanta, the High Court of Meghalaya on Monday upheld the earlier order of the District Judge, Shillong, which termed the possession of land measuring 14,285 sq feet by Mahanta and his wife at Lower Lachumiere as illegal.
The long pending case is that of Tushar Nath Bhattacharjee, a Non Resident Indian, who was compelled to file a suit in 2004 against Mahanta and his wife, Vennetta Kharsyntiew, for the continued possession of the 14,285 sq feet land since 1992 which according to Tushar was his parental property.
After hearing a revision filed by Mahanta and his wife against the order of the District Judge B. Giri (Court of the Deputy Commissioner-Judicial) dated May 6, 2013, the Chief Justice of High Court of Meghalaya, Justice P.C. Pant in his order on Monday said, “This court is not inclined to interfere with the order passed by the Appellate Court. As such, the revision filed under Section 36-A of Administration of Justice and Police (in Khasi and Jaintia Hills) 1937, is hereby dismissed.”
The High Court in its order even referred to the statement of Venetta Kharsyntiew in her cross examination which reflects that when the agreement related to the land was signed, the plaintiff Tushar was not in India nor had he signed the agreement on that day.
On February 10, 2012, the Munsiff Court (trial court of F.S. Sangma) had ruled in favour of Mahanta following which Tushar had made an appeal before the District Judge who set aside the ruling of the Munsiff Court.
The case is that late Aghor Nath Bhattacharjee had acquired on April 13, 1967, a plot of land measuring 19,585 sq feet numbered as plot No. 80 in patta (lease) No. 58 located in Lachumiere, Shillong, from the then Government of Assam (now Government of Meghalaya).
After his death on March 19, 1984, the property was transferred to his heirs – Sabitri Bhattacharjee (widow), Tushar Nath Bhattacharjee and Binoy Nath Bhattacharjee (sons), Sujata Bezbaruah and Sabita Goswami (daughters). Later Tushar, his mother and brother applied for mutation, and through an order on March 20, 1991, passed by Extra Assistant Commissioner (Revenue), Shillong their names were recorded.
Sabitri, mother of the plaintiffs died in 1994 and Binoy, brother of plaintiffs, who was a bachelor died in 1998. The plaintiffs Tushar and his sisters, Sujata and Sabita, in a case filed on April 7, 2004, said the defendant Venetta Kharsyntiew and her husband (Mahanta) forged the sale deed dated November 28, 1991, which was allegedly executed by Tushar, his brother Binoy and his mother Sabitri in respect of vacant piece of land measuring 5300 sq feet out of 19,585 sq feet, left behind by late Aghor Nath Bhattacharjee. It was further alleged that the defendants (Mahanta and his wife) later forcibly dispossessed the plaintiffs and their mother and brother from 5300 sq feet of the land, and for this the plaintiffs filed a case in 1992 against the defendants in the Court of Assistant to Deputy Commissioner, East Khasi Hills, Shillong, for declaration of their right, title and recovery of possession. However, the suit was ultimately dismissed. According to the plaintiffs, thereafter, Tushar went to Sydney (Australia), and he and his two sisters appointed one T.S. Bareh (since died) as their attorney on December 1, 1992, to look after their property in Shillong.
It was alleged by the plaintiffs that the defendants after occupying 5300 sq feet under the garb of sale deed dated November 28, 1991, trespassed over the remaining 14,285 sq feet land. With these pleadings, plaintiffs sought declaration of the title over the suit property. They also sought restoration of possession of the property of 14,285 sq feet out of 19,585 sq feet. The plaintiffs further prayed for permanent injunction restraining the defendants from interfering in the peaceful possession of the plaintiffs over the property.
Tushar in the past had said that his signature was forged for grabbing his land at Lower Lachumiere.
Tushar, who is currently settled in Sydney, had said that out of the total 19,585 sq feet of land, the lawyer and his wife had illegally taken over 14,285 sq feet of land with only an ‘agreement to sell’ made on April 3, 1992 with a forged signature of T Bhatt.
He had also said that earlier in 1991, 5,300 sq feet property deal was executed on ‘sale deed’ mode with forged signature of T Bhatt.
Tushar had also alleged that during his absence from India, Mahanta had executed a fraudulent sale deed on March 4, 1992 by forging his signature and presenting an impostor before a local court. In March 2005, Bhattacharjee filed an FIR against Mahanta, but the latter evaded arrest by availing an anticipatory bail.
Mahanta lost the post of additional Advocate General two times following the case.
When the matter was raked up in the Assembly by the Opposition in March, 2011, the Government was compelled to ask Mahanta to resign.
After the case was dismissed in February, 2012, Mahanta was re-instated by the Government.
Yet again in May, 2013, Mahanta resigned from the post of Additional Advocate General after the District Judge ruled that his possession of land at Lower Lachumiere was illegal.
With the order of the High Court of Meghalaya, Tushar and his sisters are entitled to get back the possessions of the land along with the houses as the continued possession of the land by Mahanta is illegal.
The order of the District Judge which was endorsed by the High Court of Meghalaya said that the “appellants (Tushar Nath Bhattacharjee and others) are entitled to get back the possessions of the said piece or parcel of land with the houses standing thereon.
The Lower Court also re-produced the description of land as “measuring more or less 14,285 sq feet covered by plot no. 80 comprised in Patta No. 58 situated at Lachumiere (of European Ward), Shillong, whereupon there stands two Assam type houses of which one is the main house and the other one is the outhouse”.