Nirendra Saikia vs Malabika Dutta Saikia And Anr
2022 Latest Caselaw 513 Gua

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GAHC010006612022




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

                                   Case No. : RSA/13/2022

            NIRENDRA SAIKIA
            S/O LATE KANAK SAIKIA
            RESIDENT OF MAIDAMGAON SURVEY, PO BELTOLA, GUWAHATI 781026,
            DIST KAMRUP (M) ASSAM



            VERSUS

            MALABIKA DUTTA SAIKIA AND ANR.
            W/O RAJ SEKHA SAIKIA,
            RESIDENT OF ZOO ROAD VIDYAPEETH M.E SCHOOL, JONALI
            AMBIKAGIRI, NAGAR, GUWAHATI 781024, DIST KAMRUP M ASSAM

            2:SMTI MOMI BARMAN
            W/O SRI DIPANKAR BORA

            RESIDENT OF MAIDAMGAON
            SURVEY
            PO BELTOLA
            GUWAHATI 781026
            DIST KAMRUP M ASSA

Advocate for the Petitioner   : MR. S SHARMA

Advocate for the Respondent :
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                                      BEFORE
                     HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                      ORDER

Date : 14.02.2022.

Heard Mr. S. Sharma, learned counsel appearing for the applicant. The appeal is admitted for hearing upon the following three substantial questions of laws:-

i. Whether both the courts below failed to consider that the exhibit No.6 (exhibit No. C of defendants) sale deed is void due to non settlement and non payment sale consideration for roof of second floor?

ii. Whether the judgment and decree passed by both the courts below are perverse due to non consideration and due to ignoring important and relevant oral as well as documentary evidence on record?

iii. Whether the Sale Deeds No. 7234/08 dated 14.05.2008 and Sale Deed No. 9786/09 are void and invalid under section 24 and 29 of the Indian Contract Act?

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

Issue notice returnable within 6(six) weeks. The applicant shall take steps for service of notice upon the respondents by registered posts with AD as well as by other usual process.

Call for the LCR.

List after 6(six) weeks.

JUDGE Comparing Assistant