Page No.# 1/3 vs Matanga Sarkar
2022 Latest Caselaw 344 Gua

                                                                  Page No.# 1/3

GAHC010187912019




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

                                   Case No. : RSA/236/2019

            GOURANGA SARKAR AND 2 ORS.
            S/O- LATE JAGADISH SARKAR, R/O- UTTAR BHUMURAGURI, MOUZA-
            LAWKHOWA, P.O. DAKHIN BELAGURI, DIST.- NAGAON, ASSAM, PIN-
            782120.

            2: SETANGA SARKAR
             S/O- LATE JAGADISH SARKAR
             R/O- UTTAR BHUMURAGURI
             MOUZA- LAWKHOWA
             P.O. DAKHIN BELAGURI
             DIST.- NAGAON
            ASSAM
             PIN- 782120.

            3: ANANGA SARKAR
             S/O- LATE JAGADISH SARKAR
             R/O- UTTAR BHUMURAGURI
             MOUZA- LAWKHOWA
             P.O. DAKHIN BELAGURI
             DIST.- NAGAON
            ASSAM
             PIN- 782120

            VERSUS

            MATANGA SARKAR
            S/O- LATE JAGADISH SARKAR, R/O- UTTAR BHUMURAGURI, MOUZA-
            LAWKHOWA, P.O. DAKHIN BELAGURI, DIST.- NAGAON, ASSAM, PIN-
            782120.



Advocate for the Petitioner   : MR. P S DEKA
                                                                      Page No.# 2/3

Advocate for the Respondent : MS D CHAUDHURY




                            BEFORE
           HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                    ORDER

02.02.2022

Heard the learned counsel Mr. BK Bhagawati, appearing for the appellants.

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

1. Whether the finding of the courts below in deciding the issue no.3 and 5 are sustainable in law as in deciding the issue no.3 on point of limitation the court below held and rejected the point of limitation holding the property as joint property and in deciding the issue no.5 defendants are held as trespassers of the suit land and recovery of possession is granted?

2. Whether both the judgment and decree of the courts below are bad for non-appreciation of the evidence in its proper perspective and therefore not sustainable in law, as both the courts below did not consider boundaries of the Regd.sale deeds of the defendants which do not tally with the boundaries of the Exhibit 2 but the court below accepted Exhibit 2 without considering and appreciating the Exhibit Kha, Gha and Unga?

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

Page No.# 3/3

Issue notice on the sole respondent.

The appellants shall take steps for service of notice on the sole respondent by registered post with A/D as well as by other usual process

Call for the LCR.

List after six weeks.

JUDGE

Comparing Assistant