Gauhati High Court
Babul Dhar vs Bidhu Dhar @ Bidhumoy Dhar And 11 ... on 18 February, 2022
Page No.# 1/5
GAHC010182712021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : RSA/19/2022
BABUL DHAR
S/O LATE KARNA RAM DHAR,
VILLAGE KALACHERA, PO BAZARICHERRA, DIST KARIMGANJ, ASSAM,
788727
VERSUS
BIDHU DHAR @ BIDHUMOY DHAR AND 11 ORS.
S/O LATE KARNA RAM DHAR,
VILLAGE KALACHERA, PO BAZARICHERRA, DIST KARIMGANJ, ASSAM,
788727
2:SRI DHIRENDRA DHAR
S/O LATE KARNA RAM DHAR
VILLAGE KALACHERA
PO BAZARICHERRA
DIST KARIMGANJ
ASSAM
788727
3:SRI SAMARENDRA SUTRADHAR
S/O LATE SURESH SUTRADHAR
VILLAGE KALACHERA
PO BAZARICHERRA
DIST KARIMGANJ
ASSAM
788727
Page No.# 2/5
4:SRI HRISHIKESH SUTRADHAR
S/O SRI SAMARENDRA SUTRADHAR
VILLAGE KALACHERA
PO BAZARICHERRA
DIST KARIMGANJ
ASSAM
788727
5:SRI DEBASISH SUTRADHAR
S/O SRI SAMARENDRA SUTRADHAR
VILLAGE KALACHERA
PO BAZARICHERRA
DIST KARIMGANJ
ASSAM
788727
6:SMTI AMITA SUTRADHAR
D/O SRI SAMARENDRA SUTRADHAR
VILLAGE KALACHERA
PO BAZARICHERRA
DIST KARIMGANJ
ASSAM
788727
7:SRI NIBASH DHAR
S/O LATE SUKHAMOY DHAR
VILLAGE KHOLACHERA
PO BAZARICHERRA
DIST KARIMGANJ
ASSAM
788727
8:SRI NANI GOPAL BARMAN
VILLAGE CHAGAL MOA
PO BAZARICHERRA
DIST KARIMGANJ
ASSAM
788727
9:SRI KARUNA DHAR
S/O LATE KARNA RAM DHAR
Page No.# 3/5
VILLAGE KALACHERA
PO BAZARICHERRA
DIST KARIMGANJ
ASSAM
788727
10:SMTI BELA DHAR
D/O LATE KARNA RAM DHAR
VILLAGE KALACHERA
PO BAZARICHERRA
DIST KARIMGANJ
ASSAM
788727
11:SMTI SULEKHA DHAR
D/O LATE SUBODH DHAR
VILLAGE KALACHERA
PO BAZARICHERRA
DIST KARIMGANJ
ASSAM
788727
12:SMTI RUMI DHAR
D/O LATE SUBODH DHAR
VILLAGE KALACHERA
PO BAZARICHERRA
DIST KARIMGANJ
ASSAM
78872
Advocate for the Petitioner : MR. T U LASKAR
Advocate for the Respondent :
BEFORE
HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA
ORDER
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Date : 18.02.2022
Heard Mr. N. Dhar, learned counsel for the appellant.
The appeal is admitted for hearing upon the following substantial
question of law:
a) Whether the impugned judgment and decree passed by the
learned courts below ignoring the registered exchange deed
dated 4.6.2007 (Exhibit-1) executed in favour of the
appellant/plaintiff which relates to suit land described in
Schedule-1 of the plaint and thereby holding that the
appellant/plaintiff has no right, title and interest over the suit land
are perverse and unsustainable in law?
b) Whether the impugned judgment and decree passed by the
learned courts below based on sale deed dated 31.03.1990 i./e.
Exhibit-3 and dabottar deed dated 29.01.2010 i.e. Exhibit-4 which
do not relates to the suit land and thereby holding that the
appellant/plaintiff has no right, title and interest over the suit land
are perverse and accordingly unsustainable in law?
c) Whether the impugned judgment and decree passed by the
learned courts below ignoring the descriptions of the land of
Exhibit-3 and Exhibit-4 and thereby holding that the mother of
the plaintiff was the owner of the suit land described in Scehdule-
1 of the plaint by virtue of purchase of the suit land vide Exhibit-3
and accordingly transferring of the suit land vide Exhibit-4 was
not an illegal act, notwithstanding that land of Exhbit-3 and
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Exhibit-4 Are not the suit land in the case vis-à-vis section 48 of
the Transfer of Property Act, are perverse and accordingly
unsustainable in law?
The appellant shall be at liberty to raise any other substantial
question of law at the time of hearing.
Issue notice returnable in six weeks.
The appellant shall take step for service of notice upon the
respondent by registered post with AD and also other usual process within
one week.
Call for the LCR.
List the matter after six weeks.
JUDGE
Comparing Assistant
