Page No.# 1/3 vs Surajit Deb And 2 Ors
2022 Latest Caselaw 1795 Gua

                                                               Page No.# 1/3

GAHC010091262022




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

                         Case No. : RSA/78/2022

         MRIDUL KUMAR AKURA AND ANR
         S/O LATE THAKUR DAYAL AKURA,
         RESIDENT OF DARGAKONA DIVISION, SILCOORIE TEA ESTATE, PO
         ASSAM UNIVERSITY, PS SILCHAR, DIST CACHAR, ASSAM

         2: SRI PANNA AKURA
          S/O LATE THAKUR DAYAL AKURA

         RESIDENT OF DARGAKONA DIVISION
         SILCOORIE TEA ESTATE
         PO ASSAM UNIVERSITY
         PS SILCHAR
         DIST CACHAR
         ASSA

         VERSUS

         SURAJIT DEB AND 2 ORS.
         S/O LATE GOPAL RANJAN DEB
         RESIDENT OF DARGAKONA DIVISION, SILCOORIE TEA ESTATE, PO
         ASSAM UNIVERSITY, PS SILCHAR, DIST CACHAR, ASSAM

         2:SRI BISWAJIT DEB
          S/O LATE GOPAL RANJAN DEB
         RESIDENT OF DARGAKONA DIVISION
          SILCOORIE TEA ESTATE
          PO ASSAM UNIVERSITY
          PS SILCHAR
          DIST CACHAR
         ASSAM

         3:SRI ABHIJIT DEB
          S/O LATE GOPAL RANJAN DEB
         RESIDENT OF DARGAKONA DIVISION
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             SILCOORIE TEA ESTATE
             PO ASSAM UNIVERSITY
             PS SILCHAR
             DIST CACHAR
             ASSA

Advocate for the Petitioner   : MR. S SAHU

Advocate for the Respondent :

BEFORE HON'BLE MR. JUSTICE HITESH KUMAR SARMA

25-05-2022

Heard Mr. S. Sahu, learned counsel for the appellants.

The appeal has been admitted for hearing on the following substantial questions of law :

1) Whether the learned Courts below were justified in dismissing the suit of the appellants/plaintiffs by holding that the suit land had been sold to the grandfather of the Respondents/Defendants after admitting/accepting photocopy of unregistered sale deed as admissible evidence ?

2) Whether the learned Courts below were justified in dismissing the suit of the Appellant/Plaintiffs without coming into a specific finding to the effect that the defendant could prove the factum of selling of suit property to the grandfather of the Respondents/Defendants in accordance with the provisions of Sectin 54 of the Transfer of Property Act, 1882 ?

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3) Whether the impugned judgment and decree passed by the Courts below are perverse in the eye of law ?

4) Whether judgment and decree passed by the First Appellate Court is hit by Order 41, Rule 1 of the Code of Civil Procedure ?

Call for the LCR.

Issue notice upon the respondents under registered post with A/D as well as under usual process, including Dasti mode.

Steps be taken within seven days.

In the event notice is served under Dasti mode, an affidavit to that effect may be filed before this Court.

List the matter immediately on service of notice after four weeks.

JUDGE

Comparing Assistant