Gauhati High Court
Page No.# 1/4 vs Hiranya Kumar Das And 2 Ors on 17 July, 2023
Page No.# 1/4
GAHC010149412023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : RSA/117/2023
DR. HIRANYA KUMAR DEKA AND 4 ORS.
S/O LATE PRABHAT CHANDRA DEKA
RESIDENT OF HOUSE NO. 884, FATASIL AMBARI, IN FRONT OF KALI
MANDIR, A.K DEV ROAD, PO AND PS FATASIL AMBARI, GUWAHATI 25,
DIST KAMRUP M ASSAM 781025
2: SRI JAYANTA KUMAR DEKA
S/O LATE PRABHAT CHANDRA DEKA
RESIDENT OF HOUSE NO. 884
FATASIL AMBARI
IN FRONT OF KALI MANDIR
A.K DEV ROAD
PO AND PS FATASIL AMBARI
GUWAHATI 25
DIST KAMRUP M ASSAM 781025
3: SMTI. NILIMA DEKA
D/O LATE PRABHAT CHANDRA DEKA
RESIDENT OF HOUSE NO. 884
FATASIL AMBARI
IN FRONT OF KALI MANDIR
A.K DEV ROAD
PO AND PS FATASIL AMBARI
GUWAHATI 25
DIST KAMRUP M ASSAM 781025
4: SMTI GITIKA DEKA
D/O LATE PRABHAT CHANDRA DEKA
RESIDENT OF HOUSE NO. 884
FATASIL AMBARI
IN FRONT OF KALI MANDIR
A.K DEV ROAD
PO AND PS FATASIL AMBARI
GUWAHATI 25
Page No.# 2/4
DIST KAMRUP M ASSAM 781025
5: SRI ASHIM KUMAR DEKA
S/O LATE PRABHAT CHANDRA DEKA
RESIDENT OF HOUSE NO. 884
FATASIL AMBARI
IN FRONT OF KALI MANDIR
A.K DEV ROAD
PO AND PS FATASIL AMBARI
GUWAHATI 25
DIST KAMRUP M ASSAM 78102
VERSUS
HIRANYA KUMAR DAS AND 2 ORS.
S/O BASUDEV DAS
RESIDENT OF HOUSE NO. 884, FATASIL AMBARI, IN FRONT OF KALI
MANDIR, A.K DEV ROAD, PO AND PS FATASIL AMBARI, GUWAHATI 25,
DIST KAMRUP M ASSAM 781025
2:DR. MRINAL DEKA
S/O LATE PRABHAT CHANDRA DEKA
RESIDENT OF FATASIL AMBARI
NEAR KALI MANDIR
A.K DEV ROAD
PO AND PS FATASIL AMBARI
GUWAHATI 25
DIST KAMRUP M ASSAM 781025
3:SMTI. INDIRA DEKA
D/O LATE PRABHAT CHANDRA DEKA
RESIDENT OF FATASIL AMBARI
NEAR KALI MANDIR
A.K DEV ROAD
PO AND PS FATASIL AMBARI
GUWAHATI 25
DIST KAMRUP M ASSAM 78102
Advocate for the Petitioner : MR B S DEKA
Advocate for the Respondent :
Page No.# 3/4
BEFORE
HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
ORDER
17.07.2023
Heard Shri P.S. Deka, learned Senior Counsel assisted by Shri B.K.
Bhagawati, learned counsel for the appellants-applicants.
The instant appeal has been preferred against the Judgment dated
06.04.2023 and Decree dated 15.05.2023 passed by the learned Civil Judge No.
1 Kamrup (M) in Title Appeal No. 03/2011 whereby the Judgment and Decree
dated 29.11.2010 passed by the learned Munsiff No. 2, Kamrup (M) in Title Suit
No. 64/2001 has been affirmed. The appeal is admitted on the following
substantial questions of law:
a) Whether the findings of the learned Trial Court and Appellate Court is
bad in law in view of the bar created by Regulation 151 of the Assam Land
and Revenue Regulation, 1886, pertaining to the settlement operation and
its outcome particularly Exhibit-10 and Exhibit-C?
b) Whether both the judgment and decree of the learned Trial Court and
first Appellate Court is bad for non-appreciation of the evidence of the
defendant, particularly Exhibit-A and C?
c) Whether both the Courts below committed perversity by relying upon
the Exhibit-1 and 2 i.e. Sale deed in the fact of Exhibit-10, which was
issued after the resettlement operation?
Page No.# 4/4
Let steps be taken for service of notice upon the respondents by usual
process.
Steps by tomorrow, i.e., 18.07.2023.
JUDGE
Comparing Assistant
