Snigdha Biswas vs Kalyani Biswas And 18 Ors
2021 Latest Caselaw 1426 Gua

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GAHC010064872021




                      THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                           Case No. : RSA/54/2021

         SNIGDHA BISWAS
         W/O LATE SAJAL KANTI BISWAS, R/O SHYAMANANDA ASHRAM ROAD,
         SOUTH BILPAR, PO AND PS SILCHAR, DIST. CACHAR, ASSAM



         VERSUS

         KALYANI BISWAS AND 18 ORS.
         W/O LATE SANDIPAN BISWAS, C/O MAIN ROAD, LACHIT NAGAR,
         GUWAHATI

         2:SANTANU BISWAS
          R/O PRAKASH ENCLAVE
          OPP. BORA SERVICE
          HARABALA PATH
          GUWAHATI

         3:SANDIPAN BISWAS
          R/O PRAKASH ENCLAVE
          OPP. BORA SERVICE
          HARABALA PATH
          GUWAHATI

         4:SUTAPA CHAKRABORTY
         W/O JAHAR BROTO CHAKRABORTY
          R/O OIL
          DULIAJAN

         5:SUDHANGSHU SEKHAR BISWAS
          S/O LATE SURESH CHANDRA BISWAS
          R/O KESTOPUR
          KOLKATA
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6:RATHINDRA NARAYAN BISWAS
 S/O RABINDRA NATH BISWAS
 R/O SHYAMANANDA ASHRAM ROAD
 SOUTH BILPAR
 PO AND PS SILCHAR
 CACHAR
ASSAM

7:RUDENDRA NARAYAN BISWAS
 S/O RABINDRA NATH BISWAS
 R/O SHYAMANANDA ASHRAM ROAD
 SOUTH BILPAR
 PO AND PS SILCHAR
 CACHAR
ASSAM

8:NIBEDITA BISWAS
W/O LATE ABHIJIT BISWAS
 R/O- C/O SRI PROJISH BHATTACHARJEE
 NETAJI ROAD
 SUBHASHNAGAR
 PO SILCHAR-4

9:ABHIRUPA BISWAS
 D/O LATE ABHIJIT BISWAS
 R/O- C/O SRI PROJISH BHATTACHARJEE
 NETAJI ROAD
 SUBHASHNAGAR
 PO SILCHAR-4

10:SANDHYA BISWAS
W/O LATE SOROJ KANTI BISWAS
 R/O- LAN NO. 4
 2ND LINK ROAD
 PO
 PS SILCHAR
 DIST CACHAR

11:SWARNALI BHATTACHARJEE
 D/O LATE SOROJ KANTI BISWAS
W/O SRI PIYAL BHATTACHARJEE
 R/O- LAN NO. 4
 2ND LINK ROAD
 PO
 PS SILCHAR
 DIST CACHAR

12:SUSOVITA CHOUDHURY
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D/O LATE SOROJ KANTI BISWAS
W/O SRI RATAN CHOUDHURY
R/O- LAN NO. 4
2ND LINK ROAD
PO
PS SILCHAR
DIST CACHAR

13:SURYATOPA BISWAS
 D/O LATE SOROJ KANTI BISWAS
 R/O- LAN NO. 4
 2ND LINK ROAD
 PO
 PS SILCHAR
 DIST CACHAR

14:TUSHAR KANTI BISWAS
 S/O LATE SATYESH RANJAN BISWAS
 DAS COLONY
 PO AND PS SILCHAR

15:DIPTI ROY
W/O RABINDRA CH. ROY
 RESIDING AT OIL INDIA LTD.
 PO DULIAJAN
ASSAM

16:ARATI ROY CHOUDHURY
W/O SRI SAMIRAN ROY CHOUDHURY
AZAD HIND ROAD
 CHENCOORIE ROAD
 PO AND PS SILCHAR

17:SHYAMAL KANTI BISWAS
 S/O LATE SATYESH RANJAN BISWAS
 INDIAN COUNCIL OF AGRICULTURE RESEARCH
 UMRAI ROAD
 BORAPANII
 STATE OF MEGHALAYA

18:CHINMOY KANTI BISWAS
 S/O LATE SATYESH RANJAN BISWAS
 SHYAMANADHA ASHRAM ROAD
 SOUTH BILPAR
 PO AND PS SILCHAR
 DIST. CACHAR

19:SRU RADHA MASHAB JEU BIGRAHA
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               C/O SRI ASHISH KUMAR ROY (SHEBAIT)
               RADHA MADHAB AKHRA
               PO AND PS SILCHAR
               DIST. CACHA

Advocate for the Petitioner     : MR. S C KEYAL

Advocate for the Respondent :




                                     BEFORE
                    HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                             ORDER

09.04.2021.

Heard Mr. S.C. Kayel, learned counsel appearing for the appellant. Appeal is admitted for hearing upon the following 10 substantial question of law :

1. Whether the findings of the lower appellate Court with regard to issue no. 4 are perverse when the plaintiff/appellant proved her possession over the suit land by adducing Exhibit 4 to 8?

2. Whether the learned appellate Court erred in law in reversing the finding of the trail Court in determining that the plaintiff has got undivided lease hold right, title interest and possession over Schedule 'A' land by right of inheritance?

3. Whether the learned appellate Court erred in law in construing Ext. A Sale deed in the light of section 90 of the Evidence Act, 1872, whereas the Exhibit land is different from the suit land?

4. Whether the Exhibit A sale deed has any way affect the right, title and interest of the plaintiff over the suit land, when the same is relating to R.S. Periodic Patta No.

5. Whether title of land can be relinquished through a unregistered deed of relinquishment, more so when the executor was not present at the time of so- called execution?

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6. Whether in absence of one of the co-heirs deed of partition can be executed and binding on the co-heirs?

7. Whether the findings of the first appellate Court were perverse in declaring Deed of Partition of Schedule-B land is not forged and valid?

8. Whether the first appellate Court judgment is not a judgment in the eye of law for non-compliance of the provisions of Order 41 Rule 31 of the Code of Civil Procedure.

9. Whether the non-consideration of the evidence of DWs has vitiated the lower appellate court judgment?

10. Whether the judgment and decree of the Courts below are perverse and as such the impugned judgment and decree are vitiated.

Leave is granted to the appellant to raise any other substantial question of law at the time of hearing.

Issue notice to the respondent.

Appellant shall take steps for service of notice upon the respondent by registered post with A/D as well as by usual process.

List the matter after six weeks on a date to be fixed by the office.

JUDGE

Comparing Assistant