Deepa Sarma vs Sachin Chandra Kakati And 3 Ors
2023 Latest Caselaw 155 Gua

                                                              Page No.# 1/2

GAHC010001532023




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

                            Case No. : RSA/3/2023

         DEEPA SARMA
         D/O LATE MONIRAM KOCH,
         PRESENTLY RESIDIG AT C/O BIREN DAS, HOUSE NO. 31 ,
         GREEN PATH 1, HATIGOAN,
         GUWAHATI 38, KAMRUP M ASSAM

         VERSUS

         SACHIN CHANDRA KAKATI AND 3 ORS.
         RESIDENT OF RAJGARH ROAD, PS CHANDMARI,
         PO SILPUKHURI, GUWAHATI 03, DIST KAMRUP M ASSAM

         2:SRI MRIDUL CHANDRA KAKATI
          RESIDENT OF RAJGARH ROAD
          PS CHANDMARI
          PO SILPUKHURI
          GUWAHATI 03
          DIST KAMRUP M ASSAM

         3:SMTI MINOTI DEKA
         W/O SRI HARESWAR DEKA
          PRESENTLY RESIDING AT DIMORIA COLLEGE GATE ROAD
          NEAR DILIP GAS AGENCY
          LANDMARK SNEHALAY
          PO KHETRI
          DIST. KAMRUP M ASSAM 782403

         4:SMTI BOBBY TAMULI
         W/O DEBO KUMAR TAMULI
          RESIDENT OF FANJABARI
          NABAJYOTI NAGAR
          HOUSE NO.2 PO BAGHARBARI
          DIST KAMRUP M ASSAM 78103
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Advocate for the Petitioner   : MR. R ALI

Advocate for the Respondent :




                                    BEFORE
                      HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                            ORDER

Date : 10.01.2023

Heard Mr. R. Ali, learned counsel for the appellant.

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

"1. Whether the learned Court below is perverse in deciding Issue No. 4 in spite of disprove of gift under the principle of Section 122 of the Transfer of Property Act, 1882 ?

2. Whether the impugned judgment and order passed by both the learned Courts below are vitiated by perversity ?

Call for the LCR.

Issue notice.

The appellant shall take steps for service of notice upon the respondents by registered post with A/D post as well as by usual process.

List the matter after 4 (four) weeks.

JUDGE

Comparing Assistant