Nogen Lahon vs Sri Lasu Proja And 2 Ors
2022 Latest Caselaw 4776 Gua

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GAHC010129732021




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

                           Case No. : RSA/39/2022

         NOGEN LAHON
         S/O LATE HOOMJOY LAHON. RESIDENT OF TIOK GAON, PO BHOJO, PS
         SONARI, DIST CHARAIDEO, ASSAM, 785691



         VERSUS

         SRI LASU PROJA AND 2 ORS.
         S/O LATE DANU PRAJA,
         RESIDENT OF TIOK GAON, PO BHOJO, PS SONARI, DIST CHARAIDEO,
         ASSAM, 785691

         2:SRI MONGLU PROJA

          S/O LATE DANU PRAJA

         RESIDENT OF TIOK GAON
         PO BHOJO
         PS SONARI
         DIST CHARAIDEO
         ASSAM
         785691

         3:SRI JITEN PROJA
          S/O LATE DANU PRAJA

         RESIDENT OF TIOK GAON
         PO BHOJO
         PS SONARI
         DIST CHARAIDEO
         ASSAM
         78569
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Advocate for the Petitioner        : MS D CHHETRI

Advocate for the Respondent :




                                     BEFORE
                      HONOURABLE MRS. JUSTICE MITALI THAKURIA

                                              ORDER

Date : --05.12.2022

Heard Mr. R. Phukan, learned counsel for the appellant. As per order dated 04.11.2022, the learned counsel for the appellant has also filed an additional substantial question of law. This is an second appeal under section 100 of the Code of Civil Procedure against the judgment and decree dated 18.01.2020, passed in Title Appeal No. 15/2018, by the learned Civil Judge, Sivasagar, whereby the appeal was allowed, setting aside the impugned judgment and decree dated 30.08.2018, passed by the learned Munsif Charaideo in Title Suit No. 5/2016.

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

i) Whether the title over the property in question is required to be decided in case of eviction suit?

ii) Whether mere admission on part of the party can be a sole basis for deciding a case?

iii) Whether without having mutation over the land, can title over the land be declared by an appellate court whereas the original Pattadars have not been made a party in a suit? or Any other substantial question of law those may be formulated at Page No.# 3/3

the time of hearing.

LCR be called for.

Let the notice be issued to the respondents through registered post with A/D and other usual process returnable within 4(four) weeks. List the matter after ensuing winter vacation on a date to be fixed by the Registry.

JUDGE

Comparing Assistant