Surendra Nath Sarma vs Heir Of Hangsanath Sarma
2023 Latest Caselaw 4667 Gua

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GAHC010242252023




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

                                    Case No. : RSA/203/2023

            SURENDRA NATH SARMA
            S/O LATE MOHI KANTA SARMA
            RESIDENT OF DURGASAROBAR, PO BHARALUMUKH, GUWAHATI 781009,
            KAMRUP M ASSAM



            VERSUS

            HEIR OF HANGSANATH SARMA, HEMEN SARMA
            RESIDENT OF DURGASARBAR, PO BHARALUMUKH, DIST KAMRUP M
            ASSAM 781009



Advocate for the Petitioner   : MR K TALUKDAR

Advocate for the Respondent :




                                     BEFORE
                    HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                           ORDER

Date : 17.11.2023

Heard Mr. P. Kalita, learned Sr. Counsel assisted by Mr. K. Talukdar, learned counsel for the appellant.

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

1. Whether the decision with regard to Adverse possession arrived at by the court below is perverse in view of the admission of the plaintiff in the plaint that defendant agreed to purchase the suit land in 1990?

2. Whether the courts below has correctly interpreted the principles of adverse possession when it was the case of the defendant that he was in possession when it was the case of the defendant that he was in possession of the land in question since the date of purchase his land on 12.8.92 and entered into a verbal agreement for purchase of Schedule 'B' land of the plaint?

3. Whether the judgment passed by the criminal court can be taken into consideration in Civil Suit regarding possession of the parties to the suit land although the same is not binding on the Civil Court?

Issue notice returnable in four weeks.

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

Call for the LCR.

List accordingly.

JUDGE

Comparing Assistant