Gauhati High Court
Prospective Consultant Private ... vs Surupa Das And 2 Ors on 10 August, 2022
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GAHC010084832022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : RSA/73/2022
PROSPECTIVE CONSULTANT PRIVATE LTD.
HAVING ITS REGISTERED OFFICE AT 35, VRINDABAN MARKET, 2ND
FLOOR, SATI JOYMATI ROAD, ATHGAON, GUWAHATI 01, REPRESENTED
BY ITS DIRECTOR SRI PRABIR PURKAYASTHA, SON OF LATE JOGESH
CHANDRA PURKAYASTHA, RESIDENT OF 106, LACHIT NAGAR, MAIN
ROAD, GUWAHATI 7, KAMRUP M ASSAM
VERSUS
SURUPA DAS AND 2 ORS.
W/O LATE BISWAJIT DAS
RESIDENT OF ANANDA NAGAR, DISPUR, GMC(H) HOSTEL ROAD, HOUSE
NO. 1, GUWAHATI 5, KAMRUP M ASSAM
2:SRI ARIJEET DAS
S/O LATE BISWAJIT DAS
RESIDENT OF ANANDA NAGAR
DISPUR
GMC(H) HOSTEL ROAD
HOUSE NO. 1
GUWAHATI 5
KAMRUP M ASSAM
3:SRI JOYJEET DAS
S/O LATE BISWAJIT DAS
RESIDENT OF ANANDA NAGAR
DISPUR
GMC(H) HOSTEL ROAD
HOUSE NO. 1
GUWAHATI 5
KAMRUP M ASSA
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Advocate for the Petitioner : MR SISHIR DUTTA
Advocate for the Respondent :
BEFORE
HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA
ORDER
10.08.2022
Heard Mr. S. Dutta, learned senior counsel representing the appellant, assisted
by Ms. S. Musahari, Advocate.
The appeal is admitted for hearing on the following three substantial questions
of law:
(1) Whether finding of the appellate court is legally tenable to the extent -
"without confirming the validity and existence of the registered agreement
and power of attorney, plaintiff straightway cannot claim ancillary relief as
main relief", in the absence of any denial by the defendant in respect of
registered agreement dt. 18.9.2013 as well as memorandum of
understanding of 4.7.2014?
(2) Whether learned appellate court is justified in coming to the conclusion, that
is, without deciding the entitlement of the plaintiff regarding specific
performance, the issue regarding possession cannot be determined, in a
case where defendant never denies about the registered agreement as well
as me memorandum of understanding?
(3) Whether the learned appellate court below is justified in reversing the
judgment and decree passed by the learned trial court on the ground of
maintainability in absence of any prayer for specific performance of the
agreement which is otherwise decided by the learned trial court in favour of
the appellant/plaintiff in presence of the issue relating to entitlement of the
plaintiff in respect of possession of the suit land pursuant to the terms and
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conditions of the Agreement dated 18.09.2013 as well as Memorandum of
Understanding dated 04.07.2014 considering the facts and circumstances of
the case as well as the evidence on record?
The appellant shall be at liberty to raise any other substantial question of law at
the time of hearing.
Issue Notice.
Appellant shall take steps for service of notice on the respondent by registered
post with A/D and other usual process.
Call for the LCR.
List after Six weeks.
JUDGE
Comparing Assistant
