Page No.# 1/5 vs Shyam Devnani
2023 Latest Caselaw 1166 Gua

                                                            Page No.# 1/5

GAHC010035332023




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

                            Case No. : RSA/29/2023

         SWARNA PRAVA DUTTA AND 8 ORS.
         W/O LATE RIHINI DUTTA,
         C/O GANESH TAILORING,
         BOARDING ROAD, WARD NO. 6, NAGARMAHAL, MOUZA SIVASAGAR
         TOWN, PO, PS AND DIST SIVASAGAR, ASSAM

         2: JINTU DUTTA
         W/O LATE RIHINI DUTTA

         C/O GANESH TAILORING

         BOARDING ROAD
         WARD NO. 6
         NAGARMAHAL
         MOUZA SIVASAGAR TOWN
         PO
         PS AND DIST SIVASAGAR
         ASSAM

         3: THANESWAR DUTTA
          S/O LATE RIHINI DUTTA

         C/O GANESH TAILORING

         BOARDING ROAD
         WARD NO. 6
         NAGARMAHAL
         MOUZA SIVASAGAR TOWN
         PO
         PS AND DIST SIVASAGAR
         ASSAM

         4: SMTI MAMU DUTTA
         W/O LATE HARESH DUTTA
                                            Page No.# 2/5


C/O GANESH TAILORING

BOARDING ROAD
WARD NO. 6
NAGARMAHAL
MOUZA SIVASAGAR TOWN
PO
PS AND DIST SIVASAGAR
ASSAM

5: ABINASH DUTTA
 S/O LATE HARESH DUTTA
TO BE REP. BY HIS MOTHER SMTI MAMU DUTTA
C/O GANESH TAILORING

BOARDING ROAD
WARD NO. 6
NAGARMAHAL
MOUZA SIVASAGAR TOWN
PO
PS AND DIST SIVASAGAR
ASSAM

6: SMTI ANJELINA DUTTA
 S/O LATE HARESH DUTTA
TO BE REP. BY HIS MOTHER SMTI MAMU DUTTA
C/O GANESH TAILORING

BOARDING ROAD
WARD NO. 6
NAGARMAHAL
MOUZA SIVASAGAR TOWN
PO
PS AND DIST SIVASAGAR
ASSAM

7: TULSHI DUTTA
 S/O LATE ROHINI DUTTA

C/O GANESH TAILORING

BOARDING ROAD
WARD NO. 6
NAGARMAHAL
MOUZA SIVASAGAR TOWN
PO
PS AND DIST SIVASAGAR
                                                                    Page No.# 3/5

             ASSAM

            8: SMTI PURNIMA DUTTA
             D/O LATE ROHINI DUTTA

            C/O GANESH TAILORING

            BOARDING ROAD
            WARD NO. 6
            NAGARMAHAL
            MOUZA SIVASAGAR TOWN
            PO
            PS AND DIST SIVASAGAR
            ASSAM

            9: SMTI RANJUMONI DUTTA
             D/O LATE ROHINI DUTTA

            C/O GANESH TAILORING

            BOARDING ROAD
            WARD NO. 6
            NAGARMAHAL
            MOUZA SIVASAGAR TOWN
            PO
            PS AND DIST SIVASAGAR
            ASSA

            VERSUS

            SHYAM DEVNANI
            S/O LATE NARAYAN DEVNANI,
            C/O MOHESH STORES,
            BOARDING ROAD, WARD NO. 6, SIVASAGAR TOWN, PO, PS AND DIST
            SIVASAGAR, ASSAM



Advocate for the Petitioner   : MR. M K MISRA

Advocate for the Respondent : MR. A R SHOME




                                         BEFORE
                  THE HON'BLE MR JUSTICE ARUN DEV CHOUDHURY
                                   ORDER

Page No.# 4/5

22. 03. 2023

Heard Mr. MK Misra, learned counsel for the appellants. Also heard Mr. H Maurya, learned counsel for the sole respondent.

This appeal is filed against the appellate judgment dated 20.12.2022 and decree dated 03.01.2023 passed by the learned Civil Judge, Sivasagar in TA No. 07/2021 whereby suit of the plaintiff was decreed reversing the decree of dismissal passed by the learned Munsiff No. 1 vide judgement dated 26.04.2021 and decree dated 10.05.2021 in TS No. 21/2021.

This second appeal is admitted on the following substantial question of law.

I. Whether without being exhibited and tested any title deed by the plaintiff/ judgment debtor in Title Suit, allowing of the Title Appeal by the learned Appellate Court below on the basis of mere mutation in the Jamabandi and land revenue receipt is tenable in the eye of law?

II. Whether the weakness if any set up by the defendants would entitle to plaintiff to claim eviction of defendant from a plot of land without being proved the right title and interest over the said plot of land by the plaintiff?

III. Whether the decision of the learned Appellate Court is perverse inasmuch as the same has been passed without appreciation of the evidence and without properly dealing with the finding of the learned trial court below?

Call for the record.

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Issue notice, returnable after six weeks.

As Mr. Maurya, learned counsel accepts notice on behalf of sole respondent, no formal notice needs to be issued. However, extra copy be served to him.

JUDGE

Comparing Assistant