Sri Gautam Chandra Chanda vs Sri Narayan Chandra Das And 4 Ors
2023 Latest Caselaw 546 Gua

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GAHC010031212020




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

                          Case No. : RSA/131/2022

         SRI GAUTAM CHANDRA CHANDA
         S/O LATE BIMAL CHANDRA CHANDRA
         RESIDENT OF BOGIPUKHURI, PO AND MOUZA DHEKIAJULI, SONITPUR,
         ASSAM.



         VERSUS

         SRI NARAYAN CHANDRA DAS AND 4 ORS
         S/O LATE BHARAT CHANDRA DAS,
         RESIDENT OF MOILA ALI, MOUZA AND PO DHEKIAJULI, SONITPUR,
         ASSAM 784110

         2:ON THE DEATH OF PARULBALA CHANDA HER LEGAL HEIRS
          SMTI MINATI CHANDA
          D/O LATE BIMAL CHANDRA CHANDRA CHANDA

         RESIDENT OF BOGIPUKHURI
         PO AND MOUZA DHEKIAJULI
         SONITPUR
         ASSAM.

         3:SMTI MINU CHANDA
          D/O LATE BIMAL CHANDRA CHANDRA CHANDA

         RESIDENT OF BOGIPUKHURI
         PO AND MOUZA DHEKIAJULI
         SONITPUR
         ASSAM.

         4:SRI BISWAJIT CHANDA
          S/O LATE BIMAL CHANDRA CHANDRA CHANDA
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             RESIDENT OF BOGIPUKHURI
             PO AND MOUZA DHEKIAJULI
             SONITPUR
             ASSAM.

             5:SRI RANJIT CHANDA

              S/O LATE BIMAL CHANDRA CHANDRA CHANDA

             RESIDENT OF BOGIPUKHURI
             PO AND MOUZA DHEKIAJULI
             SONITPUR
             ASSAM

Advocate for the Petitioner   : MR. S SAHU

Advocate for the Respondent :




                                   BEFORE
                  HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

                                         ORDER

15.02.2023

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

This second appeal is against the judgment and decree dated 30.09.2019 passed by the learned Civil Judge, Sonitpur at Tezpur in Title Appeal No. 10/2017 and the same is admitted on the following substantial question of law:-

1. Whether the findings of the learned court below is perverse in holding that the plaintiff has failed to prove his vendor's title by ignoring the registered sale deed (Exhibit-1) and also by ignoring the Exhibit-4, wherein the defendant No. 2 has admitted the title of the vendor of the plaintiff ?

Issue notice returnable after four weeks.

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Call for the record.

The appellant shall take steps on the respondents within a period of three days from today by way of registered post with A/D as well as by usual process.

List this matter after four weeks.

JUDGE

Comparing Assistant