Chanmalik Chauhan @ Chanmal ... vs Bharat Chauhan And 3 Ors
2021 Latest Caselaw 1257 Gua

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GAHC010056132021




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

                           Case No. : RSA/52/2021

         CHANMALIK CHAUHAN @ CHANMAL CHAUHAN
         S/O- LATE DEBICHARAN CHAUHAN, R/O- DAKHIN LASKAR PATHAR,
         MOUZA- LANKA, DIST.- HOJAI, ASSAM, PIN- 782442.



         VERSUS

         BHARAT CHAUHAN AND 3 ORS.
         S/O- LATE BORCHATER CHOUHAN, R/O- DAKHIN LASKAR PATHAR,
         MOUZA- LANKA, DIST.- NAGAON/HOJAI, ASSAM.

         2:ON THE DEATH OF MERA @ MERAI INGITI
          HIS LEGAL HEIRS SMT. CHANGKI INGTIPI
          D/O- LATE CHARHING INGTI
         W/O- LATE RAMSING TISER
          R/O- VILL.- DAKHIN LASKAR PATHAR
          MOUZA- LANKA
          DIST.- HOJAI
         ASSAM.

         3:LAL BEHARI INGTI
          S/O- LATE BABU INGTI
          R/O- VILL.- DAKHIN LASKAR PATHAR
          MOUZA- LANKA
          DIST.- HOJAI
         ASSAM.

         4:HAJARIKA INGTI
          S/O- LATE BABU INGTI
          R/O- VILL.- DAKHIN LASKAR PATHAR
          MOUZA- LANKA
          DIST.- HOJAI
         ASSAM
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Advocate for the Petitioner   : MR. R L YADAV

Advocate for the Respondent : MR. S CHAUHAN




                                      BEFORE
                     HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                           ORDER

Date : 31.03.2021.

Heard Shri RL Yadav, learned counsel for the appellant, who is aggrieved by a judgment and order dated 12.01.2021 passed by the learned Civil Judge, Nagaon in Title Appeal No. 3 / 17 allowing the appeal filed against the judgment and decree dated 21.12.2016 passed by the learned Munsiff, Hojai, Sankardev Nagar in Title Suit No. 17 / 2005.

Upon hearing the learned counsel for the parties, the appeal is admitted on the

following substantial questions of law:

"1. Whether Section 45 of the Transfer of Property Act, 1882 can be applied / invoked where plaintiff's Specific Case is that he paid Rs.15,000/- as his share but he failed to prove such payment individually?"

The appellant may raise any other substantial questions of law at the time of hearing with notice to the respondent.

Call for the records.

Issue notice upon the respondents.

Since the respondent no. 1 is already represented by Shri S Chauhan, learned counsel, there is no requirement of taking further steps. However, extra copy of the memo of appeal may be served upon him.

Steps for service of notice upon the respondent nos. 2(a), 2(b) and 2(c) be taken by Page No.# 3/3

usual process.

Steps within a week.

Learned counsel for the respondent no. 1 is given liberty to file application for early hearing after receipt of the records.

List after 6 weeks.

JUDGE

Comparing Assistant