Mrs. Hemangini Borah vs Smti. Dulan Kalita And Anr
2021 Latest Caselaw 509 Gua

                                                                 Page No.# 1/2

GAHC010237962019




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

                                   Case No. : RSA/15/2020

            MRS. HEMANGINI BORAH
            W/O LT. DULAL KRISHNA BORAH , RESIDENT OF SARATHI PATH,
            HENGRABARI, MOUZA BELTOLA, GUWAHATI, DISTRICT KAMRUP(M),
            ASSAM



            VERSUS

            SMTI. DULAN KALITA AND ANR
            W/O NOT KNOWN, RESIDENT OF SARATHI PATH, HENGRABARI, MOUZA
            BELTOLA, GUWAHATI, DISTRICT KAMRUP(M), ASSAM

            2:SMTI SARALA KALITA
            W/O NOT KNOWN
             RESIDENT OF SARATHI PATH
             HENGRABARI
             MOUZA BELTOLA
             GUWAHATI
             DISTRICT KAMRUP(M)
            ASSA

Advocate for the Petitioner   : MR. H K DEKA

Advocate for the Respondent :




                                      BEFORE
                      HONOURABLE MR. JUSTICE KALYAN RAI SURANA

                                          ORDER

Date : --12.02.2021 Page No.# 2/2

Heard Mr. B.D. Deka, learned counsel for the appellant. This appeal filed under section 100 of C.P.C is directed against the first appellate judgment and decree dated 26.06.2019, passed by the learned Civil Judge No. 3, Kamrup (M) Guwahati in Title appeal no. 17/2017 thereby dismissing the appeal and affirming the judgment and decree dated 13.02.2017, passed by the learned Munsif No. 2. Kamrup (M) Guwahati in Title Suit No. 201/2014, thereby dismissing the suit of the appellant plaintiff.

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

1. Whether the concurrent finding by both the learned Court below are perverse for discarding the oral evidence of the PWs and admission made by respondent no. 1 in the written statement regarding existence of the suit path by applying section 92 of the Evidence Act, 1872, although the parties to the suit were not the parties to the Sale deed ( Ext-1)?

The appellant shall at a liberty to raise any other substantial question of law as may arise in course of hearing of the appeal.

Call for the records.

The appellant shall take steps for service of notice on the respondents returnable within six (6) weeks. Steps shall be taken by registered post with A/D within three (3) days.

List the matter after six (6) weeks.

JUDGE

Comparing Assistant