Amal Dey vs Mangal Majhi And 7 Ors
2023 Latest Caselaw 4555 Gua

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GAHC010237152023




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

                              Case No. : RSA/197/2023

         AMAL DEY
         S/O LATE HARI MOHAN DEY
         RESIDENT OF ASHOK NAGAR, MAKUM PO AND PS MAKU, DIST
         TINSUKIA, ASSAM

         VERSUS

         MANGAL MAJHI AND 7 ORS
         S/O LATE SITA RAM MEJHI
         RESIDENT OF TINGRAI GAON, PO AND PS MAKUM, DIST TINSUKIA,
         ASSAM

         2:SRI LALBABU MAJHI
          S/O LATE SITA RAM MEJHI
         RESIDENT OF TINGRAI GAON
          PO AND PS MAKUM
          DIST TINSUKIA
         ASSAM

         3:SRI FAGU MAJHI
          S/O LATE SITA RAM MEJHI
         RESIDENT OF TINGRAI GAON
          PO AND PS MAKUM
          DIST TINSUKIA
         ASSAM

         4:SRI BIRSA MAJHI
          S/O LATE SITA RAM MEJHI
         RESIDENT OF TINGRAI GAON
          PO AND PS MAKUM
          DIST TINSUKIA
         ASSAM

         5:SRI JEEBAN MAJHI
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            S/O LATE SITA RAM MEJHI
            RESIDENT OF TINGRAI GAON
            PO AND PS MAKUM
            DIST TINSUKIA
            ASSAM

            6:SMTI BIRASH MUNI MAJHI
             D/O LATE SITA RAM MEJHI
            RESIDENT OF TINGRAI GAON
             PO AND PS MAKUM
             DIST TINSUKIA
            ASSAM

            7:SMTI MINA MAJHI
            W/O BALAK BUDHUA

            RESIDENT OF LANGKASHI
            PS BORDUBI
            DIST TINSUKIA
            ASSAM

            8:SMTI MINU MAJHI
            W/O SRI KARIMON RAOTIA

            D/O LATE SITARAM MAJHI
            RESIDENT OF BALIJAN
            PS DULIAJAN
            DIST DIBRUGARH ASSA

Advocate for the Petitioner   : MR G N SAHEWALLA

Advocate for the Respondent :


                                   BEFORE
                  HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                        ORDER

08-11-2023 Heard the learned Senior Counsel Mr. G.N. Sahewalla assisted by Ms. S. Todi, the learned counsel for the appellant.

The Regular Second Appeal is admitted for hearing upon the following three substantial questions of law:

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1. Whether the Learned Courts below erred in law in not taking into consideration the fact that Samboti Majhi who was in exclusive possession of land as Annual Patta holder got the final settlement and Periodic Patta was issued, the question of coming of other legal heirs of Late Budhu Majhi does not arise at all.

2. Whether the judgment of Learned Courts below are perverse in not considering the evidence of DW2 i.e. Lat Mandal who supports the conversion of land in the name of Samboti Majhi as well as the evidence of DW2 who admitted that no suit was filed for cancellation of the name of revenue records or conversion of Annual Patta to Periodic Patta in her name inasmuch as DW1 was a resident of Tingrai Gaon since childhood.

3. Whether the Learned Courts committed error in considering the payment of revenue for Annual Patta No. 6 even after the same being converted to Periodic Patta.

Issue notice to the respondents.

The appellant shall take steps for service of notice upon the respondents by registered post with A/D.

Call for the LCR.

List this matter after 4 (four) weeks.

JUDGE

Comparing Assistant