Page No.# 1/3 vs On Death Of Rathindra Nath Dutta ...
2021 Latest Caselaw 2778 Gua

                                                                Page No.# 1/3

GAHC010002222017




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

                           Case No. : CRP/29/2021

         CHANDAN PAUL CHOUDHURY @ MANOJ PAUL CHOUDHURY and ANR.
         S/O LATE MAKHAN LAL PAUL CHOUDHURY, R/O WARD NO.2, P.M. DUTTA
         ROAD, DHUBRI TOWN, P.O- DHUBRI, P.S- DHUBRI, DISTRICT- DHUBRI,
         ASSAM, PIN- 783301

         2: ON THE DEATH OF TAPAS PAUL CHOUDHURY @ MALAY PAUL
         CHOUDHURY HIS LEGAL HEIRS
          DHUBRI DISTRICT

         2.1: SMTI PUSHPALATA PAUL CHOUDHURY
         W/O LATE TAPAS PAUL CHOUDHURY @ MALAY PAUL CHOUDHURY
         R/O WARD NO.2
          P.M. DUTTA ROAD
          DHUBRI TOWN
          P.O.-DHUBRI
          P.S.-DHUBRI
          DISTRICT-DHUBRI
         ASSAM
          PIN-783301

         2.2: MANOJIT PAUL CHOUDHURY
          S/O LATE TAPAS PAUL CHOUDHURY @ MALAY PAUL CHOUDHURY
         R/O WARD NO.2
          P.M. DUTTA ROAD
          DHUBRI TOWN
          P.O.-DHUBRI
          P.S.-DHUBRI
          DISTRICT-DHUBRI
         ASSAM
          PIN-783301

         2.3: BINAYAK PAUL CHOUDHURY
          S/O LATE TAPAS PAUL CHOUDHURY @ MALAY PAUL CHOUDHURY
         R/O WARD NO.2
                                                                                Page No.# 2/3

             P.M. DUTTA ROAD
             DHUBRI TOWN
             P.O.-DHUBRI
             P.S.-DHUBRI
             DISTRICT-DHUBRI
             ASSAM
             PIN-78330

            VERSUS

            ON DEATH OF RATHINDRA NATH DUTTA HIS LEGAL HEIR JAYA DUTTA
            and 2 ORS.
            R/O B.A. 128, SALTLAKE, P.O- BIDHAN NAGAR, KOLKATA

            2:SRI ATINDRA NATH DUTTA
             S/O LATE UPENDRA NATH DUTTA
             R/O- 757 BLOCK-P
             P.O-NEW ALIPUR
             KOLKATA-53

            3:SRI DIBAKAR MAZUMDAR
             S/O LATE SITESH CH. MAZUMDAR
            WARD NO.4
             DHUBRI TOWN
             P.O-DHUBRI
             P.S- DHUBRI
            ASSAM
             PIN- 78330

Advocate for the Petitioner   : MS.P SAHARIA

Advocate for the Respondent :




                                   BEFORE
                    HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                            ORDER

Date : 10/11/2021

Heard Mr. P.Mahanta, the learned counsel for the petitioners as well as Mr. G.N. Sahewalla, the learned Senior Counsel assisted by Mr. H.K. Sarma for the respondents.

The instant revision application is admitted for hearing.

Page No.# 3/3

The parties are duly represented by their learned counsels.

Call for the LCR from both the Courts below.

The matter may be listed for orders pursuant to receipt of the LCR. Registry should take appropriate steps in this regard.

I have also heard Mr. P. Mahanta, who submits that the impugned judgment and decree passed by the Appellate Court affirming the judgment and decree of the Trial Court suffers from illegality as well as the Courts below have exercised jurisdiction with material irregularity and this aspect of the matter could be seen as the Courts below mis-read the evidence in totality. I have perused the impugned judgments and decrees passed by the Appellate Court as well as the Trial Court.

I am of the opinion that in view of the admission of the instant revision application, it would be a fit case for stay of the impugned judgment and decree dated 07/04/2015 passed in Title Appeal No. 85/2011. Accordingly, the impugned judgment and decree passed by the Appellate Court is stayed.

Taking into consideration that this is a landlord tenant dispute of the year 2009, Mr. Sahewalla, the leaned Senior Counsel submits that the matter may be disposed of as expeditiously as possible. In view of that, the Registry is directed to take expeditious steps for requisition of the LCR.

JUDGE

Comparing Assistant