Deepali Bora vs Pulin Dowarah And Anr
2023 Latest Caselaw 2335 Gua

                                                           Page No.# 1/2

GAHC010005472023




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

                                  Case No. : RSA/23/2023

            DEEPALI BORA
            D/O LATE KEHURAM BORA,
            D/O LATE KEHURAM BRA,
            R/O WARD NO. 8, GOLAGHAT TOWN,
            P.O.- GOLAGHAT,
            DIST.- GOLAGHAT, ASSAM.

            VERSUS

            PULIN DOWARAH AND ANR.
            S/O LATE BUTI DOWARAH,
            R/O DOOLAKHORIA GAON,
            P.O.- BORJAN,
            MOUZA- DAKHINHENGERA,
            DIST.- GOLAGHAT, ASSAM.

            2:SISHURAM DOWARAH
             S/O LATE BUTI DOWARAH

            R/O DOOLAKHORIA GAON

            P.O.- BORJAN

            MOUZA- DAKHINHENGERA

            DIST.- GOLAGHAT
            ASSAM

Advocate for the Petitioner   : MR M Z AHMED

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

                                     BEFORE
                    HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                            ORDER

Date : 02.06.2023

Heard Ms. B. Dutta, learned counsel for the appellant.

The appeal is admitted for hearing upon the following substantial questions of law.

1. Whether the learned lower Appellate Court was correct in allowing the subject appeal without deciding the Issue No. 7?

2. Whether the findings of the learned lower Appellate Court in the absence of the main title documents of the Plaintiffs, namely Sale/Purchase Deed in respect of the Suit land, is sustainable?

3. Whether the Jamabandi (Exhibit-1) produced by the Plaintiffs can be held to be a substitute or a proof of title in the absence of the Sale/Purchase documents?

4. Whether the impugned judgment and decree can be executed in the absence of the sisters of the defendants, who are in possession and enjoying the benefits of the suit land?

Issue notice returnable in four weeks.

The appellant shall take step for service of notice upon the respondents by registered post with AD within three days.

Call for the LCR.

List the matter after four weeks.

JUDGE

Comparing Assistant