4: Smti Pinki Paul vs On The Death Of Sukumar Chandra ...
2021 Latest Caselaw 3148 Gua

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GAHC010079512021




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

                            Case No. : RSA/125/2021

         ON THE DEATH OF KANU DEB HIS LEGAL HEIRS AND ORS
         REPRESENTING

         1.1: SMTI. SANKARI DEB
         W/O LATE KANU DEB

         1.2: KUNAL DEB
          S/O LATE KANU DEB

         1.3: SMTI. MAMPI DEB
          D/O LATE KANU DEB
         W/O NIHAR RANJAN DEB
          R/O COLLEGE ROAD
          OPPOSITE WATER SUPPLY
          DHARAMNAGAR
         TRIPURA

         1.4: SMTI PINKI PAUL
          D/O LATE KANU DEB
         W/O SHRI RAJU PAUL
          R/O SHANKAR DIGHIR PAR
          SILCHAR

         2: BOLAI DEB @ DIPAK DEB
          S/O LATE KANU DEB

         3: GOPAL DEB
         ALL ARE SONS OF LATE KUMUD CHANDRA DEB AND R/O HOSPITAL
         ROAD
          SILCHAR TOWN
          PH. BOKARPAR
          P.S.-SILCHAR
          P.O.-SILCHAR
          DIST-CACHA
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            VERSUS

            ON THE DEATH OF SUKUMAR CHANDRA PAUL
            HIS LEGAL HEIRS

            1.1:SMTI. BINA PAUL
            W/O LATE SUKUMAR CHANDRA PAUL
             R/O RADHA MADHAB NAGAR
             SILCHAR TOWN
             P.O.-BARAKPAR
             DIST-CACHAR
            ASSAM

            1.2:BIVA PAUL
             D/O LATE SUKUMAR CHANDRA PAUL
             R/O RADHA MADHAB NAGAR
             SILCHAR TOWN
             P.O.-BARAKPAR
             DIST-CACHAR
            ASSAM

            1.3:BABY PAUL
            W/O DIPAK CHANDRA PAUL
             D/O LATE SUKUMAR CHANDRA PAUL
             R/O RADHA MADHAB NAGAR
             SILCHAR TOWN
             P.O.-BARAKPAR
             DIST-CACHAR
            ASSAM

            1.4:BISHNU PAUL
             S/O LATE SUKUMAR CHANDRA PAUL
             R/O RADHA MADHAB NAGAR
             SILCHAR TOWN
             P.O.-BARAKPAR
             DIST-CACHAR
            ASSAM

            1.5:BISWAJIT PAUL
             S/O LATE SUKUMAR CHANDRA PAUL
             R/O RADHA MADHAB NAGAR
             SILCHAR TOWN
             P.O.-BARAKPAR
             DIST-CACHAR
            ASSA

Advocate for the Petitioner   : MR. D MOZUMDER
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Advocate for the Respondent :




                                   BEFORE
                  HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                      ORDER

Date : 26.11.2021

Heard Mr. S. Biswas, learned counsel appearing for the appellants.

The appeal is admitted for hearing on the following substantial questions of law:

1. Whether the learned Court of appeal was justified in reversing the finding recorded by the Trial Court in issue no.2 to the effect that the suit was not barred by law of limitation so far as the prayer for cancelation of the sale deed dated 06.01.1982 and rectification dated 05.04.1983 is concerned?

2. Whether the learned Court of appeal below committed an error in passing the impugned judgment and decree for declaration of title when the plaintiff being not in possession of the suit land fails to pray for 'recovery of possession' in view of the bar created by the proviso to section 34 of the Specific Relief Act, 1963?

The appellants shall be at liberty to raise any other substantial questions of law at the time of hearing.

Issue notice to the respondents.

The appellant shall take steps for service of notice on the respondents by registered post with A/D and other usual process.

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Call for the LCR.

List after 6 (six) weeks on a date to be fixed by the Registry.

JUDGE

Comparing Assistant