Page No.# 1/3 vs Tridibesh Ch. Barua
2022 Latest Caselaw 3888 Gua

                                                            Page No.# 1/3

GAHC010165292022




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

                                  Case No. : RSA/149/2022

            SUBODH BARUA @ MONIK AND ANR.
            S/O SURENDRA NATH BARUA,
            VILL.- GHARIALDANGA PART- II,
            P.O.- MAHAMAYAHAT,
            P.S.- GOLOKGANJ,
            DIST.- DHUBRI, ASSAM.

            2: SURAJ KR. BARUA @ TOTO
             S/O SURENDRA NATH BARUA

            VILL.- GHARIALDANGA PART- II

            P.O.- MAHAMAYAHAT

            P.S.- GOLOKGANJ

            DIST.- DHUBRI
            ASSAM

            VERSUS

            TRIDIBESH CH. BARUA
            S/O LT. SAILESH CH. BARUA,
            R/O W/NO. 3, GAURIPUR TOWN,
            P.O. AND P.S.- GAURIPUR,
            DIST.- DHUBRI, ASSAM, PIN- 783331.



Advocate for the Petitioner   : MS. R CHOUDHURY

Advocate for the Respondent :
                                                                                   Page No.# 2/3


                                  BEFORE
                 HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                           ORDER

28.09.2022 Heard Ms. R. Choudhury, learned counsel representing the appellants.

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

1. Whether the learned first appellate court committed wrong in passing the judgment and decree dated 18-05-2022 in favour of plaintiff by overlooking the provisions of section 5(1) of the Assam (Temporarily Settled Areas) Tenancy Act, 1971?

2. Whether the learned courts below committed wrong by not decreeing the counter claim of the appellants/defendants in presence of clear admission by the plaintiff (P.W. 1) that he received consideration money as well as he signed permission paper for sale of 4 bigha of land?

3. Whether the learned courts below committed wrong in not considering the evidentiary value of Exhibit C in presence of admission by plaintiff himself as P.W. 1 regarding receipt of consideration money for 4 bigha of land?

4. Whether the learned appellate court has committed any illegality in reversing the judgment and decree passed by the learned trial court inasmuch as it is settled law that the admitted facts need not to be proved and in the instant case all the 3 P.Ws admitted that defendant's father was cultivating the land of plaintiff since prior to 2006 and in return he gave firstly crop then money to plaintiff. Thus it is proved that the defendant's father was 'Adhiar' under the plaintiff more than 3 years and as such his possession is protected under the Assam (Temporarily Settled Areas) Tenancy Act, 1971?

The appellants will be at liberty to raise any other substantial questions Page No.# 3/3

of law at the time of hearing.

Issue Notice to the sole respondent.

Appellant shall take steps for service of notice by registered post with A/D and other usual process.

Call for the LCR.

List after six weeks.

JUDGE

Comparing Assistant