Page No.# 1/4 vs On The Death Of Krishnanda Das His ...
2022 Latest Caselaw 5053 Gua

                                                               Page No.# 1/4

GAHC010170582022




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

                          Case No. : RSA/166/2022

         SADHAN DAS AND ANR
         S/O LATE MAHANANDA DAS,
         RESIDENT OF VILLAGE AND PO GAMARIA, PS RAMKRISHNA NAGAR,
         DIST KARIMGANJ ,ASSAM

         2: HIMANGSHU DAS
          S/O LATE MAHANANDA DAS

         RESIDENT OF VILLAGE AND PO GAMARIA
         PS RAMKRISHNA NAGAR
         DIST KARIMGANJ
         ASSA

         VERSUS

         ON THE DEATH OF KRISHNANDA DAS HIS LEGAL HEIRS PRATIVA RANI
         DAS AND ORS
         W/O LATE KRISHNANDA DAS,
         RESIDENT OF VILLAGE RAKESH NAGAR, PO RAKESHNAGAR, PS
         BADARPUR, DIST KARIMGANJ, ASSAM

         2:KANU DAS

          S/O LATE KRISHNANDA DAS

         RESIDENT OF VILLAGE RAKESH NAGAR
         PO RAKESHNAGAR
         PS BADARPUR
         DIST KARIMGANJ
         ASSAM

         3:ANIMA DAS

          S/O LATE KRISHNANDA DAS
                                      Page No.# 2/4


RESIDENT OF VILLAGE RAKESH NAGAR
PO RAKESHNAGAR
PS BADARPUR
DIST KARIMGANJ
ASSAM

4:KISHORE DAS
 S/O LATE KRISHNANDA DAS

RESIDENT OF VILLAGE RAKESH NAGAR
PO RAKESHNAGAR
PS BADARPUR
DIST KARIMGANJ
ASSAM

5:MONIKA DAS
 D/O LATE KRISHNANDA DAS

RESIDENT OF VILLAGE RAKESH NAGAR
PO RAKESHNAGAR
PS BADARPUR
DIST KARIMGANJ
ASSAM

6:ANANTA KUMAR DAS

S/O SRI JAGAT CHANDRA DAS

RESIDENT OF VILLAGE AND PO GAMARIA
PS RAMKRISHNA NAGAR
DIST KARIMGANJ
ASSAM

7:THE SUB REGISTRAR OFFICE
 RAMRISHNA NAGAR
 PO AND PS RAMKRISHNA NAGAR
 DIST KARIMGANJ
ASSAM

8:THE CIRCLE OFFICER

RAMRISHNA NAGAR
PO AND PS RAMKRISHNA NAGAR
DIST KARIMGANJ
ASSAM

9:THE DEPUTY COMMISSIONER
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              KARIMGANJ
              ASSA

Advocate for the Petitioner   : MR. S P CHOUDHURY

Advocate for the Respondent :




                                   BEFORE
                  HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                        ORDER

19.12.2022

Heard the learned counsel Mr. S.P.Choudhury, appearing for the appellants.

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

1. Whether the learned courts below have misconstrued the provision of Section 91 of the Evidence Act and thereby have arrived at an erroneous finding?

2. Whether the learned courts below mis-interpreted the provision of Section 17 of the Registration Act, 1908 so far as the Ext. 5 i.e., Deed of amicable family partition is concerned thereby arrived at an erroneous finding?

3. Whether the learned courts below failed to take into account the provision of Section 22 of the Hindu Succession Act, 1956 so far as the preferential right of the appellants over the suit land and as such the impugned judgment and decree of the learned courts below being perverse?

Issue notice to the respondents.

The appellants shall take steps for service of notice upon the respondents Page No.# 4/4

by registered post with A/D.

Call for the LCR.

List after 4(four) weeks.

JUDGE

Comparing Assistant