Shankar Das vs Kumadini Das And Ors
2022 Latest Caselaw 4600 Gua

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GAHC010219452022




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

                               Case No. : RSA/167/2022

         SHANKAR DAS
         S/O LATE PRAHLAD DAS,
         RESIDENT OF KUMARHATI, BARPETA TOWN, MOUZA, PS AND DIST
         BARPETA, ASSAM



         VERSUS

         KUMADINI DAS AND ORS.
         D/O LATE GALIN DAS,
         W/O CHITTARANJAN DAS,
         RESIDENT OF KALAYAHATI, SUNDARIDIA, BARPETA, MOUZA AND DIST
         BARPETA, ASSAM 781314

         2:SARASWATI DAS

          D/O LATE GILIN DAS

         W/O LATE GUNESWAR DAS

         RESIDENT OF NAKHRA
         NOTUN BANIKUCHI
         MOUZA TIHU
         DIST NALBARI
         ASSAM 781371
         REPRESENTED BY THEIR ATTORNEY CHANDAN KUMAR DAS
         S/O LATE TARANI KANTA DAS
         RESIDENT OF KUMARHATI BARPETA WARD NO. 5
         MOUZA AND DIST BARPETA
         ASSAM 781301

         3:TARAK BHARALI
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             S/O LATE CHAKRADHAR BHARALI

            RESIDENT OF KUMARHATI
            BARPETA WARD NO. 5
            MOUZA
            PO AND DIST BARPETA
            ASSAM 781301

            4:KHAGEN BHARALI

             S/O LATE CHAKRADHAR BHARALI

            RESIDENT OF KUMARHATI
            BARPETA WARD NO. 5
            MOUZA
            PO AND DIST BARPETA
            ASSAM 781301

            5:NABA BHARALI

             S/O LATE CHAKRADHAR BHARALI

            RESIDENT OF KUMARHATI
            BARPETA WARD NO. 5
            MOUZA
            PO AND DIST BARPETA
            ASSAM 781301

            6:NIRU BHARALI
             D/O LATE CHAKRADHAR BHARALI

            RESIDENT OF KUMARHATI
            BARPETA WARD NO. 5
            MOUZA
            PO AND DIST BARPETA
            ASSAM 781301

            7:SABITA BHARALI
             D/O LATE CHAKRADHAR BHARALI

            RESIDENT OF KUMARHATI
            BARPETA WARD NO. 5
            MOUZA
            PO AND DIST BARPETA
            ASSAM 78130

Advocate for the Petitioner   : MR. N HAQUE
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Advocate for the Respondent :




                                   BEFORE
                     HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                        ORDER

21.11.2022 Heard Mr. N. Haque, learned counsel for the appellant.

This appeal under Section 100 of the C.P.C. has been preferred against the impugned Judgment and Decree, dated 08.07.2022, passed by the learned Civil Judge, Barpeta in T.A. No. 12/2019, thereby affirming the Judgment and Decree, dated 10.06.2019, passed by the learned Munsiff No. 1, Barpeta, in T.S. No. 120/2013.

The appeal is admitted on the following substantial questions of law-

1. Whether the Judgment and Decree passed by the learned Courts below declaring title and recovery of possession over suit land in favour of the plaintiffs/respondents is nullity as the suit land had already been sold out by the original pattadar (predecessor of plaintiffs) by registered sale deed (Ext- B) in favour of one Nripendra Nath Das who was even not impleaded in the suit under Order I Rule 10 of the Civil Procedure Code?

2. Whether the certified copy of the registered sale deed (Ext-B) is required to be proved under Section 67 and 68 of the Evidence Act without having any objection with regard to admissibility and contents of the sale deed?

3. Whether mutation entry made by the learned Circle Officer, Barpeta vide order dated 09.09.2005 in favour of the plaintiffs/respondents Page No.# 4/4

confer any title?

The appellant is permitted to raise any other substantial question of law which may arise in course of hearing.

Call for the records.

Issue notice. Steps be taken by registered post with A/D within 5(five) days.

List after 4(four) weeks.

JUDGE

Comparing Assistant