Page No.# 1/3 vs Sri Shyamanta Talukdar And Anr
2021 Latest Caselaw 358 Gua

                                                               Page No.# 1/3

GAHC010298482019




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

                           Case No. : RSA/10/2020

         SRI DINANATH TALUKDAR AND 4 ORS
         SON OF LATE GANESH TALUKDAR, RESIDENT OF VILLAGE PIPLIBARI
         (MAJARSUPA), MOUZA KHETRI DHARAMPUR, POST OFFICE BELSOR-
         781304, DISTRICT NALBARI, ASSAM

         2: SRI GHANASHYAM BAISHYA
          SON OF LATE SURYA BAISHYA
          RESIDENT OF VILLAGE PIPLIBARI (MAJARSUPA)
          MOUZA KHETRI DHARAMPUR
          POST OFFICE BELSOR-781304
          DISTRICT NALBARI
         ASSAM

         3: SRI TARINI BAISHYA @ TARINI CHARAN BAISHYA
          SON OF LATE SURYA BAISHYA
          RESIDENT OF VILLAGE PIPLIBARI (MAJARSUPA)
          MOUZA KHETRI DHARAMPUR
          POST OFFICE BELSOR-781304
          DISTRICT NALBARI
         ASSAM

         4: SRI ASHOK TALUKDAR @ ASHOK KUMAR TALUKDAR
          SON OF SRI KAMINI TALUKDAR
          RESIDENT OF VILLAGE PIPLIBARI (MAJARSUPA)
          MOUZA KHETRI DHARAMPUR
          POST OFFICE BELSOR-781304
          DISTRICT NALBARI
         ASSAM

         5: SRI KHANINDRA TALUKDAR
          SON OF LATE BHARAT TALUKDAR
          RESIDENT OF VILLAGE PIPLIBARI (MAJARSUPA)
          MOUZA KHETRI DHARAMPUR
          POST OFFICE BELSOR-781304
                                                                                     Page No.# 2/3

             DISTRICT NALBARI
             ASSA

            VERSUS

            SRI SHYAMANTA TALUKDAR AND ANR
            SON OF LATE GANESH TALUKDAR, RESIDENT OF VILLAGE PIPLIBARI
            (MAJARSUPA), MOUZA KHETRI DHARAMPUR, POST OFFICE BELSOR-
            781304, DISTRICT NALBARI, ASSAM

            2:MD. MAJABAR RAHMAN
             PETITION WRITER
             POST OFFICE NALBARI-781335
             DISTRICT NALBARI
            ASSA

Advocate for the Petitioner   : MR. N DHAR

Advocate for the Respondent :




                                    BEFORE
                    HONOURABLE MR. JUSTICE KALYAN RAI SURANA

                                            ORDER

Date : 03.02.2021

Heard Mr. N. Dhar, learned counsel for the appellant. This appeal under Section 100 CPC is by the defendant no.1 in TS 24/2015, which was filed by the respondent no.1. The said suit was dismissed by judgment and decree dated 15.05.2017 passed by the learned Civil Judge, Nalbari. However, the learned District Judge, Nalbari reversed the judgment and decree passed by the learned trial Court vide judgment and decree dated 04.09.2019 passed in Title Appeal No. 2/2017. The decree of reversal is in challenge in the present appeal.

The appeal is admitted on the following substantial question of law:

(i) Whether the finding recorded by the learned first appellate court that the sale deed no. 1492/2015 was subject to outcome of TS No. 5/2014 in sprit of Section 52 of the Transfer of Property Act is vitiated by perversity by ignoring the pleaded case of the appellant in the said TS 5/2014 whereby the land Page No.# 3/3

covered by the said sale deed was not the suit property and for which no prayer for partition was made?

(ii) Whether the appellate judgment is vitiated by non-consideration of purported admission made by the respondent no.1 as PW-3 in his cross- examination, thereby admitting that the land covered by Dag No. 1103 of K.P. Patta No. 150 was the self acquired property of the appellant?

The appellant is permitted to raise any other substantial question which may arise in course of hearing.

Issue usual notice returnable in 6(six) weeks. Call for the records.

The appellant shall take steps for service of notice on respondents by usual process as well as by registered post within 2 days from today.

List the matter after 6(six) weeks.

JUDGE

Comparing Assistant