Harilal Gupta vs Munsi Gupta
2023 Latest Caselaw 2275 Gua

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GAHC010087882023




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

                                   Case No. : RSA/83/2023

            HARILAL GUPTA
            S/O LATE BHOGAI GUPTA
            RESIDENT OF BHAKUAMARI, PS DHEKIAJULI, DIST SONITPUR, ASSAM



            VERSUS

            MUNSI GUPTA.
            S/O LATE DEWANAND GUPTA.
            RESIDENT OF WARD NO. 3, DHEKIAJULI TOWN, PO AND MOUZA
            DHEKIAJULI, DIST SONITPUR, ASSAM



Advocate for the Petitioner   : MR. S BISWAS

Advocate for the Respondent :
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                                  BEFORE
                   HONOURABLE MRS. JUSTICE MITALI THAKURIA
                                   ORDER

31.05.2023

Heard Mr. S. Biswas, learned counsel for the appellant.

This appeal is filed under Section 100 of the Code of Civil Procedure, 1908, challenging the judgment and decree dated 30.01.2023, passed by the learned Civil Judge, Sonitpur in Title Appeal No.09/2022, affirming the judgment and decree dated 09.03.2022 passed in T.S. No.22/2016 by the learned Munsiff No.2, Tezpur.

Upon hearing the learned counsel for the appellant, this appeal is admitted in the following Substantial Questions of Law:-

"Whether the delivery of possession is mandatory to complete the sale as

envisaged in Section 54 of the transfer of Property, 1882?"

Any other substantial question of law, those may be formulated at the time of hearing.

Issue notice to the respondent, returnable within 6(six) weeks.

The learned counsel for the appellant shall take steps for service of notice upon respondent by registered post with A/D as well as through dasti service, if required, within 3 (three) days.

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List the matter after 6 (six) weeks.

JUDGE

Comparing Assistant