Junil Boro vs Jyotish Basumatary And 4 Ors
2021 Latest Caselaw 372 Gua

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GAHC010261412019




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

                             Case No. : RSA/3/2021

         JUNIL BORO
         S/O- LATE RATAN KACHARI, R/O- VILL.- FATASIL DATALPARE, P.O.
         DHIRENPARA, P.S. FATASHIL AMBARI, GUWAHATI- 781025, DIST.-
         KAMRUP(M), ASSAM.



         VERSUS

         JYOTISH BASUMATARY AND 4 ORS.
         S/O- LATE DURGA KACHARI, R/O- VILL.- FATASIL, GANESHPARA, P.O.
         DHIRENPARA, P.S. FATASHIL AMBARI, GUWAHATI- 781025, DIST.-
         KAMRUP(M), ASSAM.

         2:SUBHAS BASUMATARY
          S/O- LATE DURGA KACHARI
          R/O- VILL.- FATASIL
          GANESHPARA
          P.O. DHIRENPARA
          P.S. FATASHIL AMBARI
          GUWAHATI- 781025
          DIST.- KAMRUP(M)
         ASSAM.

         3:RADHA BASUMATARY
          S/O- LATE DURGA KACHARI
          R/O- VILL.- FATASIL
          GANESHPARA
          P.O. DHIRENPARA
          P.S. FATASHIL AMBARI
          GUWAHATI- 781025
          DIST.- KAMRUP(M)
         ASSAM.
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            4:STATE OF ASSAM
             REP. BY THE DEPUTY COMMISSIONER
             KAMRUP(M)
            ASSAM AT GUWAHATI.

            5:THE SETTLEMENT OFFICER
             GAUHATI TOWN SETTLEMENT OPERATION
             GUWAHATI- 7

Advocate for the Petitioner    : MR. A SATTAR

Advocate for the Respondent :




                                      BEFORE
                      HONOURABLE MR. JUSTICE KALYAN RAI SURANA

                                           ORDER

Date : --04.02.2021

Heard Mr. A. Sattar, learned counsel for the appellant.

This is an appeal under Section 100 CPC is directed against the judgment and decree dated 08.07.2019 (corrected on 25.07.2019) passed by the learned Civil Judge (Sr. Div) No. 3, Kamrup (M), Guwahati in Title Appeal No. 4 of 2016, thereby dismissing the appeal and affirming the judgment and decree dated 04.09.2015 passed by the learned Munsiff No. 2, Kamrup (M), Guwahati in T.S. No. 380 of 2007 thereby dismissing the suit.

The appeal is admitted for hearing on the following one substantial question of law:-

1. Whether the learned Courts below committed perversity in dismissing the suit by ignoring entries made in Exhibit-2, being entries made in the final Khatian No. 111 containing the name of predecessor-in-interest of the appellant?

The learned counsel for 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.

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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 after 6(six) weeks awaiting LCR and service report.

JUDGE

Comparing Assistant