Gauhati High Court
Page No.# 1/4 vs Pankaj Sarda And 5 Ors on 31 March, 2021
Page No.# 1/4
GAHC010055112021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : SAO/2/2021
SANKAR DAS
S/O- LATE PROMODE RANJAN DAS, MALUGRAM, ADARNATH COLONY,
SILCHAR, DIST.- CACHAR, ASSAM.
2: SAMPAT LAL SAHANI
S/O- LATE LAL MOHAN SAHANI
R/O- JANIGANJ
P.O. AND P.S. SILCHAR
DIST.- CACHAR
ASSAM.
3: DHAN LAL SAHANI
S/O- LATE LAL MOHAN SAHANI
R/O- JANIGANJ
P.O. AND P.S. SILCHAR
DIST.- CACHAR
ASSAM
VERSUS
PANKAJ SARDA AND 5 ORS.
S/O- SRI GHANASHYAM SARDA, R/O- JANIGANJ BAZAR, SILCHAR,
CACHAR.
2:PAWAN SARDA
S/O- SRI GHANASHYAM SARDA
R/O- JANIGANJ BAZAR
SILCHAR
CACHAR.
3:SMT. BASANTI SINGH
W/O- LATE BINDESWARI SINGH
ORIGINALLY RESIDENT OF VILL- JOGWA
P.O. NARKATIA
Page No.# 2/4
P.S. MIRGANJ
DIST.- GOPALGANJ
BIHAR
NOW RESIDENT OF JANIGANJ
SILCHAR TOWN
P.S. SILCHAR
DIST.- CACHAR.
4:RAMA SANKAR SINGH
ORIGINALLY RESIDENT OF VILL- JOGWA
P.O. NARKATIA
P.S. MIRGANJ
DIST.- GOPALGANJ
BIHAR
NOW RESIDENT OF JANIGANJ
SILCHAR TOWN
P.S. SILCHAR
DIST.- CACHAR.
5:SANTOSH KUMAR SINGH
ORIGINALLY RESIDENT OF VILL- JOGWA
P.O. NARKATIA
P.S. MIRGANJ
DIST.- GOPALGANJ
BIHAR
NOW RESIDENT OF JANIGANJ
SILCHAR TOWN
P.S. SILCHAR
DIST.- CACHAR.
6:SMT. SUNITA SINGH
ORIGINALLY RESIDENT OF VILL- JOGWA
P.O. NARKATIA
P.S. MIRGANJ
DIST.- GOPALGANJ
BIHAR
NOW RESIDENT OF JANIGANJ
SILCHAR TOWN
P.S. SILCHAR
DIST.- CACHAR
Advocate for the Petitioner :
Advocate for the Respondent :
Page No.# 3/4
BEFORE
HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
ORDER
Date : 31.03.2021.
Heard Shri GN Sahewalla, learned Senior Counsel assisted by Shri P Deka, learned
counsel for the appellant, who has preferred this appeal against a judgment and order dated
12.02.2021 passed by the learned Civil Judge No. 2, Cachar, Silchar in Misc. Appeal No. 19 /
2014 affirming the judgment and order dated 30.09.2014 passed by the learned Munsiff No.
1, Cachar, Silchar in Misc. Case No. 128 / 2009 in Title Execution Case No. 17 / 2009.
Upon hearing the learned Senior Counsel, the appeal is admitted on the following
substantial questions of law:
"B. Whether the appellant could establish his possessory rights in the premises
since 1980 independent of the right of the Decree Holder and thereby the
decree holder is not entitled to execute the decree?
C. Whether Exhibit-7 issued on behalf of Sri Sri Maha Prabhu Bigraha (Deity)
gives significant right to the appellant, to that of the Decree Holder and whether
the decree holder can execute the decree against the appellant?
E. Whether the learned Courts below erred in law in not taking cognizance of
Exhibit-4, which is the tenancy agreement, although the same was not
registered, the same can be considered for collateral purposes, read with other
documents, which were issued by the Silchar Municipal Board?"
Call for the records.
Appellant to take steps for service of notice upon the respondents by usual process.
Steps within a week.
Page No.# 4/4
List this case after 6 weeks along with the service report.
JUDGE
Comparing Assistant
