Gauhati High Court
5: Chaitanya Devnath vs Puspa Sarma on 26 October, 2021
Page No.# 1/4
GAHC010200822019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : CRP/115/2019
ON DEATH OF JAWAHARLAL DEV NATH HIS LEGAL HEIRS - MINATI RANI
DEVI AND 4 ORS.
GUWAHATI
1.1: MINATI RANI DEVI
W/O- LATE JAWAHARLAL DEVNATH
R/O- CHATRIBARI
GOPINATH NAGAR
P.O- GUWAHATI
P.S- PALTANBAZAR
DIST- KAMRUP(M)
ASSAM
PALTANBAZAR
DIST- KAMRUP(M)
ASSAM
1.2: ANJALI MANNA
D/O- LATE JAWAHARLAL DEVNATH
R/O- CHATRIBARI
GOPINATH NAGAR
P.O- GUWAHATI
P.S- PALTANBAZAR
DIST- KAMRUP(M)
ASSAM
PALTANBAZAR
DIST- KAMRUP(M)
ASSAM
1.3: SWARNALI DEVNATH
D/O- LATE JAWAHARLAL DEVNATH
R/O- CHATRIBARI
GOPINATH NAGAR
P.O- GUWAHATI
P.S- PALTANBAZAR
Page No.# 2/4
DIST- KAMRUP(M)
ASSAM
PALTANBAZAR
DIST- KAMRUP(M)
ASSAM
1.4: JAGANNATH DEVNATH
S/O- LATE JAWAHARLAL DEVNATH
R/O- CHATRIBARI
GOPINATH NAGAR
P.O- GUWAHATI
P.S- PALTANBAZAR
DIST- KAMRUP(M)
ASSAM
PALTANBAZAR
DIST- KAMRUP(M)
ASSAM
1.5: CHAITANYA DEVNATH
S/O- LATE JAWAHARLAL DEVNATH
R/O- CHATRIBARI
GOPINATH NAGAR
P.O- GUWAHATI
P.S- PALTANBAZAR
DIST- KAMRUP(M)
ASSAM
PALTANBAZAR
DIST- KAMRUP(M)
ASSA
VERSUS
PUSPA SARMA
W/O- SRI INDRA KR SARMA, R/O- CHATRIBARI, P.O- GUWAHATI, DIST-
KAMRUP(M), ASSAM, PIN- 781008
Advocate for the Petitioner : MR. A C SARMA
Advocate for the Respondent : MR. O P BHATI
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BEFORE
HONOURABLE MR. JUSTICE DEVASHIS BARUAH
ORDER
Date : 26-10-2021
Heard Mr. A.C. Sarma, learned counsel for the petitioners as well as Mr. O.P. Bhati,
learned counsel for the respondent.
2. The present petitioner is the judgment debtor in Title Execution Case No. 3/2012,
wherein the present respondent/decree holder was entitled for recovery of possession of the
decreetal land measuring 2 katha 7 ½ lechas covered by old Dag No. 2 of K.P. Patta No.
2(old). The said decree was duly executed on 23/07/2017. The Lat Mandal had submitted a
report dated 23/10/2017 to the Executing Court as regards demarcation of the decreetal land.
For the purpose of convenience, the translated portion of the report dated 23-10-2017 is
quoted herein below :
"In connection with T.Ex. Case No. 3/2012 land measuring 6.18 Are
covered by old Dag No. 2, new Dag No. 8 of old K.P. Patta No. 8, New K.P. Patta
No. 789 and land measuring 0.17 Are covered by old Dag No. 2, New Dag No. 9
of old K.P. Patta No. 8, New Patta No. 207 in total 6.35 Are ( 2 kathas 7 ½
lechas) have been measured and shown to the civil najir of the Hon'ble Court."
3. From the above quoted report, it transpires that land measuring 6.18 Are covered by
old Dag No. 2/(New) Dag No. 8 of old K.P. Patta No. 8 and new K.P. Patta No. 789 and
another portion of land measuring 0.17 Are covered by old Dag No. 2/new Dag No. 9 of old
K.P. Patta No. 8 (New Patta No. 207) was measured and shown to the civil nazir for
execution.
4. I have also perused the evidence of the Lat Mandal, wherein he on the basis of
records marked as Ext.-C states that the old Dag No. 2/new Dag No. 8 of new K. P. Patta No.
8 the area of the land is 6.18 Are which is in the name of ten pattadars and he further stated
on oath that the predecessors-in-interest of the petitioners, Lt. Jawaharlal Dev Nath was the
pattadar in respect to a plot of land measuring 6.78 Are covered by old Dag No. 2/new Dag
No. 9 and included in K.P.Patta No. 8 old and 207 new.
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5. The Executing Court vide the impugned order dated 20/05/2019 dismissed the
petition filed under Section 47 of the Code of Civil Procedure, 1908 by the petitioners herein
on the ground that the area of land measuring 2 kathas 7 ½ lechas, which was executed and
delivered to the respondent herein was properly done and the decree was duly satisfied.
6. I have heard the learned counsels for both the parties. I have also perused the
records as well as the impugned order dated 20/05/2019.
7. From the said records, it appears that the Executing Court failed to consider the
report of the Lat Mandal dated 23/10/2017 as well as the evidence of the Lat Mandal in the
proper perspective. On perusal of the report, it seems that 0.17 Are of land covered by new
Dag No. 9 of new K.P. Patta No. 207 was included in the executed property in order to form 2
kathas 7 ½ lechas of land. The said aspect of the matter being brought to the notice of the
Executing Court by way of an application under Section 47 of the Code of Civil Procedure, it
was the duty of the Executing Court to go into the said aspect of the matter as to whether
the land measuring 0.17 Are was a part of the decreetal land or for that matter, to look into
the question as to whether the decreetal land and the executed land is the same. In view of
the above, I am of the considered opinion, that in view of the fact that the Court under
Section 47 of the Code of Civil Procedure is in charge and responsible to look into the aspect
of execution, discharge and satisfaction of the decree, I would remand the matter to the
Executing Court to decide the application under Section 47 CPC afresh by taking into
consideration as to whether the area of land measuring 0.17 Are is a part of the decreetal
land. In this regard the Executing Court may take the help of the Revenue Authorities by
issuing appropriate Commission. The said exercise shall be completed within a period of 3
(three) months, i.e., from the date of this order being brought to the notice of the Executing
Court.
8. The parties shall appear before the Executing Court on 15/11/2021.
9. The instant proceedings therefore, stands disposed off accordingly.
JUDGE
Comparing Assistant
