Page No.# 1/3 vs Gitanjali Sarmah And 2 Ors
2023 Latest Caselaw 1355 Gua

                                                                Page No.# 1/3

GAHC010179662022




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

                             Case No. : RSA/141/2022

         BINA CHUTIA AND ANR
         W/O LATE INDRESWAR CHUTIA,
         VILL.- BARIKACHUBURI BAMUNGAON,
         MOUZA- MAHABHAIRAB,
         P.O. AND P.S.- TEZPUR,
         DIST.- SONITPUR, ASSAM.

         2: ALBIN CHUTIA
          S/O LATE INDRESWAR CHUTIA

         VILL.- BARIKACHUBURI BAMUNGAON

         MOUZA- MAHABHAIRAB

         P.O. AND P.S.- TEZPUR

         DIST.- SONITPUR
         ASSAM

         VERSUS

         GITANJALI SARMAH AND 2 ORS
         W/O LATE ANIL SARMAH BARUAH,
         R/O HOUSE NO. 3 RODALI PATH, JANAKPUR CHARIALI, KAHILIPARA,
         GUWAHATI- 781019, KAMRUP (M), ASSAM.

         2:RISHIK SARMAH
          S/O LATE ANIL SARMAH BARUAH

         R/O HOUSE NO. 3 RODALI PATH
         JANAKPUR CHARIALI
         KAHILIPARA
         GUWAHATI- 781019
         KAMRUP (M)
                                                                                Page No.# 2/3

             ASSAM.

            3:RISHITA SARMAH
             D/O LATE ANIL SARMAH BARUAH

            R/O HOUSE NO. 3 RODALI PATH
            JANAKPUR CHARIALI
            KAHILIPARA
            GUWAHATI- 781019
            KAMRUP (M)
            ASSAM

Advocate for the Petitioner   : MR. B K BHAGAWATI

Advocate for the Respondent :




                                         BEFORE
                  THE HON'BLE MR JUSTICE ARUN DEV CHOUDHURY
                                   ORDER

31. 03. 2023 Heard Mr. PS Deka, learned Senior counsel for the appellants. The present appeal is under Section 100 of the Code of Civil Procedure, 1908 against the judgment and decree dated 02.07.2022 passed in TA No. 3/2021 by the learned Civil Judge, Sonitpur, Tezpur affirming the judgment and decree dated 12.03.2021 passed by the learned Munsiff No. 1, Tezpur in TS No. 15/2012.

This second appeal is admitted on the following substantial question of law: "Whether the findings of both the learned courts below that suit land belongs to Sri Sri Bhairabi Devalaya and was acquired under the Assam State Acquisition of Land belong to Religious or Charitable Institute of Public Nature Act, 1959 is perverse in view of absence of evidence regarding the Gazetted notification required under the Act of 1959 and without any evidence of any tenancy of the plaintiffs under the said Devalaya prior to acquisition of the land?" Call for the record.

Issue notice, returnable after six weeks.

Page No.# 3/3

Appellants to take steps for service of notice upon the respondents by way of registered post with A/D and by usual process within a period of five days from today.

JUDGE

Comparing Assistant