Pradip Baruah vs On The Death Of Nagen Chandra Das ...
2022 Latest Caselaw 3840 Gua

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GAHC010194762022




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

                           Case No. : CRP/103/2022

         PRADIP BARUAH
         S/O. LT. SURYA KANTA BARUAH, R/O. VILL. GARAL BHAKTA BORI, P.O.
         BHATTAPARA, P.S. AZARA, DIST. KAMRUP (M), ASSAM, PIN-781017 AND
         CARRYING ON HIS BUSINESS IN THE NAME AND STYLE OF A FIRM
         NAMELY (BARUAH STORES) SITUATED AT DHARAPUR CHARIALI, P.O.
         DHARAPUR WITHIN AZARA POLICE STATION, DIST. KAMRUP (M), ASSAM,
         PIN-781014.



         VERSUS

         ON THE DEATH OF NAGEN CHANDRA DAS HIS LEGAL HEIRS TRIPTI DAS
         AND ANR
         LEGAL HEIRS -

         1:b) RATAN DAS
          S/O. LT. NAGEN CHANDRA DAS
          R/O. GODHULIBAZAR
          NEAR AZARA POLICE STATION
          P.O. AZARA
          DIST. KAMRUP
         ASSAM
          PIN-781017.

         1:c) MRS MALAVIKA DAS
          D/O. LT. NAGEN CHANDRA DAS
          R/O. GODHULIBAZAR
          NEAR AZARA POLICE STATION
          P.O. AZARA
         AZARA
          DIST. KAMRUP
         ASSAM
          PIN-781017.
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            1:a) MRS TRIPTI DAS

             W/O. LT. NAGEN CHANDRA DAS
             R/O. GODHULIBAZAR
             NEAR AZARA POLICE STATION
             P.O. AZARA
             AZARA
             DIST. KAMRUP
             ASSAM
             PIN-781017.

            2:JAGADISH THAKURIA
             S/O. LT. BHABEN CH. THAKURIA
            VILL. MAJORBAHAR DHARAPUR
             P.O. DHARAPUR
             P.S. AZARA
             DIST. KAMRUP
            ASSAM
             PIN-781017

Advocate for the Petitioner   : MR. S R GOGOI

Advocate for the Respondent :




                                   BEFORE
                    HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                          ORDER

Date : 27.09.2022

Heard Mr. S.R. Gogoi, the learned counsel appearing on behalf of the petitioner.

Issue notice, returnable on 21.11.2022. Steps by way of Registered Post with A/D as well as through usual process within 3 (three) days.

Further to that, the petitioner is also directed to take steps upon the respondent by way of dasti and file affidavit of service on or before the next date.

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After taking into consideration the submissions made by the learned counsel for the petitioner to the effect that the First Appellate Court completely erred in law in applying the provisions of the Assam Urban Areas Rent Control Act, 1972 and admittedly, the suit premises was situated in rural area and there being no forfeiture of the lease in terms with Section 108 of the Transfer of property Act, 1882, this Court is of the opinion that the petitioner is able to make out a case for grant of stay of the impugned judgment and decree passed by the Court of the learned Civil Judge, No.1, Kamrup (M) at Guwahati.

Accordingly, this Court stays the impugned judgment and decree dated 20.07.2022 passed in Title Appeal No.76/2014 till the next date.

JUDGE

Comparing Assistant