Sri Ramesh Chandra Deka vs Sri Haladhar Deka And 2 Ors
2021 Latest Caselaw 431 Gua

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GAHC010047872020




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

                                  Case No. : RSA/50/2020

            SRI RAMESH CHANDRA DEKA
            S/O LATE GONORAM DEKA, RESIDENT OF VILL. PANIGAON, OF MOUZA
            POKOWA, UNDER P.O. PANIGAON, P.S. BELSOR, IN THE DIST. OF NALBARI,
            ASSAM.



            VERSUS

            SRI HALADHAR DEKA AND 2 ORS
            S/O LATE NAGEN CHANDRA DEKA, RESIDENT OF VILL. PANIGAON, OF
            MOUZA POKOWA, UNDER P.O. PANIGAON,N P.S. BELSOR, IN THE DIST. OF
            NALBARI, ASSAM.

            2:SRI SARAT DEKA
             S/O LATE NAGEN CHANDRA DEKA
             RESIDENT OF VILL. PANIGAON
             OF MOUZA POKOWA
             UNDER P.O. PANIGAON
            N P.S. BELSOR
             IN THE DIST. OF NALBARI
            ASSAM.

            3:SRI LANKESWAR DEKA
             S/O LATE GONORAM DEKA
             RESIDENT OF VILL. PANIGAON
             OF MOUZA POKOWA
             UNDER P.O. PANIGAON
            N P.S. BELSOR
             IN THE DIST. OF NALBARI
            ASSAM

Advocate for the Petitioner   : MR G CHOUDHURY
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Advocate for the Respondent : MR. P UPADHYAY




                                     BEFORE
                     HONOURABLE MR. JUSTICE KALYAN RAI SURANA

                                             ORDER

Date : 08.02.2021

Heard Mr. G. Choudhury, learned counsel for the appellant and Mr. A. Upadhyay, learned counsel for the respondent No.2.

This appeal under Section 100 CPC, is directed against the first appellate judgment dated 25.06.2014 passed by the learned Civil Judge, Nalbari in TA 6/2014, thereby dismissing the appeal and affirming the judgment and decree dated 21.12.2013 passed by the learned Munsiff No.1, Nalbari, thereby dismissing the suit of the plaintiff.

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

(i) In light of concurrent finding by both the learned courts below, rejecting the deed of partition dated 03.09.2002, whether the dismissal of the suit for declaration of right, title, interest and recovery of khas possession of the suit land was perverse without the title of the appellant-plaintiff flowing from registered sale deed nos. 409/87 dated 13.08.1987, 3322/1986 dated 20.09.1986 and 785/1985 dated 11.02.1985 having extinguished?

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 within 3 days from today for service of notice on respondent nos. 1 and 3 by usual process as well as by registered post. No steps is required to be taken against the respondent No. 2 who has already entered appearance through his counsel.

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List after 6(six) weeks, awaiting receipt of LCR and service of notice on respondent nos. 1 and 3.

JUDGE

Comparing Assistant