Gauhati High Court
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Page No.# 1/4
GAHC010134732023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : RSA/116/2023
MANAGER, HURMUTTAY TEA ESTATE AND ANR.
MOUZA LALUK,PS BIHPURIA, DIST LAKHIMPUR, ASSAM OWNED BY M/S
STEWART HALL INDIA LTD.
2: M/S STEWART HALL INDIA LTD.
REPRESENTED BY MANAGER
HURMUTTY TEA ESTATE
SRI MOHAN KUMAR PRADHAN
MOUZA LALUK
PS BIHPURIA
DIST LAKHIMPUR
ASSA
VERSUS
PATRAS SHALL (MUNDA) AND 4 ORS.
S/OO LATE BOWASH MUNDA, D.W (W. NO. 120224) GANESH BARI
DIVISION, PUCEA LINE, HURMUTTY TEA ESTATE, MOUZA LALUK,PS
BIHPURIA, DIST LAKHIMPUR, ASSAM
2:SRI YAKUB SHALL (MANDU)
S/O LATE BOWASH MUNDA
C/O SRI PATRAS SHALL (MUNDA) GANESH BARI DIVISION
PUCEA LINE
HURMUTTY TEA ESTATE
MOUZA LALUK
PS BIHPURIA
DIST LAKHIMPUR
ASSAM
3:SRI JUNA SHALL (MUNDA)
S/O LATE BOWASH MUNDA
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C/O SRI PATRAS SHALL (MUNDA) GANESH BARI DIVISION
PUCEA LINE
HURMUTTY TEA ESTATE
MOUZA LALUK
PS BIHPURIA
DIST LAKHIMPUR
ASSAM
4:SRI NIKULASH SHALL (MUNDA)
S/O LATE BOWASH MUNDA
C/O SRI PATRAS SHALL (MUNDA) GANESH BARI DIVISION
PUCEA LINE
HURMUTTY TEA ESTATE
MOUZA LALUK
PS BIHPURIA
DIST LAKHIMPUR
ASSAM
5:SRI LAZAR MUNDA
S/O AKUB MUNDA
C/O SRI PATRAS SHALL (MUNDA) GANESH BARI DIVISION
PUCEA LINE
HURMUTTY TEA ESTATE
MOUZA LALUK
PS BIHPURIA
DIST LAKHIMPUR
ASSA
Advocate for the Petitioner : MR G N SAHEWALLA
Advocate for the Respondent :
BEFORE
HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA
ORDER
Date : 04.08.2023
Heard Mr. G.N. Sahewalla, learned Sr. Counsel assisted by Ms. S. Todi, learned
counsel for the appellant.
The appeal is admitted for hearing upon the following four substantial question
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of law.
"1. Whether the appellate court committed error of law in holding that
cancellation of Khatian Patta No. 1 is exempted from cognizance of civil court
and civil court cannot cancel it in view of Section 58 and 66C of Assam
(Temporary Settled Areas) Tenancy Act, 1971, although the suit is for
declaration that the defendant are not their tenants, for eviction of defendants
from the Scheduled Land and recovery of Khas Possession and cancellation of
Khatian Patta No. 1 and as such in this view of the matter, the impugned
judgment and decree dated 15.03.2023 passed by the Ld. Civil Judge,
Lakhimpur, North Lakhimpur in T.A. No. 05 of 2022 thereby reversing the
judgment and decree dated 25.04.2022 and 28.04.2022 respectively passed by
the Ld. Munsiff No. 1, Lakhimpur, North Lakhimpur in TS No. 20/2021 is liable
to be set aside and quashed?
2. Whether courts below erred in law in not framing an issue as to whether the
respondents are tenants and in not deciding the same as the plaintiff alleged
that they are not tenants and defendants did not deny the same and only
alleged long possession and as such the courts below should be directed to
decide the point regarding tenancy after remanding the matter back to the
appellate court below?
3. Whether the learned appellate court below committed error of law in holding
that the plaintiff are not entitled to recover possession of suit land as the
defendants are occupancy tenants without deciding as to whether they are
tenants or not and accordingly reversed the judgment and decree passed by
the learned trial court and as such in this view of the matter, the impugned
judgment and decree dated 15.03.2023 passed by the Ld. Civil Judge,
Lakhimpur, North Lakhimpur in T.A. No. 05 of 2022 thereby reversing the
judgment and decree dated 25.04.2022 and 28.04.2022 respectively passed by
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the Ld. Munsiff No. 1, Lakhimpur, North Lakhimpur in TS No. 20/2021 is liable
to be set aside and quashed?
4. Whether the judgment of learned appellate court below is perverse in not
considering the plaint and evidences on record and also in rejecting the Power
of Attorney of PW1 as the PW1 has filed the attested copy of the Power of
Attorney since the Power of Attorney is required for many other purpose and
same is also exhibited and as such in this view of the matter the impugned
judgment and decree dated 15.03.2023 passed by the Ld. Civil Judge,
Lakhimpur, North Lakhimpur in T.A. No. 05 of 2022 thereby reversing the
judgment and decree dated 25.04.2022 and 28.04.2022 respectively passed by
the Ld. Munsiff No. 1, Lakhimpur, North Lakhimpur in TS No. 20/2021 is liable
to be set aside and quashed?"
Issue notice returnable in four weeks.
The appellant shall take step for service of notice upon the respondent by
registered post with AD within one week.
Call for the LCR.
List the matter after four weeks.
JUDGE
Comparing Assistant
