Gauhati High Court
Amal Chandra Das vs Legal Heirs Of Deceased Giren Chandra ... on 10 January, 2024
Author: Parthivjyoti Saikia
Bench: Parthivjyoti Saikia
Page No.# 1/4
GAHC010001472024
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : RSA/3/2024
AMAL CHANDRA DAS
S/O SRI GIRISH CHANDRA DAS
RESIDENT OF VILLAGE BORGHOLA PART II, PS JOGIGHOPA, DIST
BONGAIGAON ASSAM
VERSUS
LEGAL HEIRS OF DECEASED GIREN CHANDRA DAS KHIROD CHANDRA
DAS AND ORS
S/O SRI GIREN CHANDRA DAS
RESIDENT OF VILLAGE BORGHOLA PART II, PS JOGIGHOPA, DIST
BONGAIGAON ASSAM
2:SRI GANESH CHANDRA DAS
S/O SRI GIREN CHANDRA DAS
RESIDENT OF VILLAGE BORGHOLA PART II
PS JOGIGHOPA
DIST BONGAIGAON ASSAM
3:SRI DHANJIT DAS
S/O LATE SABULA DAS
RESIDENT OF VILLAGE SARALTARI PART 1
PO SARALTARI
PS RANIGANJ
DIST DHUBRI
ASSAM
4:SMTI RITA DAS
D/O LATE SABULA DAS
Page No.# 2/4
RESIDENT OF VILLAGE SARALTARI PART 1
PO SARALTARI
PS RANIGANJ
DIST DHUBRI
ASSAM
5:SMTI ANJANA DAS
D/O LATE SABULA DAS
RESIDENT OF VILLAGE SARALTARI PART 1
PO SARALTARI
PS RANIGANJ
DIST DHUBRI
ASSAM
6:HIRA DAS
D/O LATE SABULA DAS
RESIDENT OF VILLAGE SARALTARI PART 1
PO SARALTARI
PS RANIGANJ
DIST DHUBRI
ASSAM
7:SMTI ANU BALA DAS @ ANNA BALA DAS
D/O LATE GIREN CHANDRA DAS
W/O MONI DAS
RESIDENT OF VILLAGE SANTIPUR (SAPATGRAM) PS SAPATGRAM
DIST DHUBRI
ASSAM
8:SRI NRIPEN DAS
S/O LATE GIREN CHANDRA DAS
RESIDENT OF VILLAGE BORGHOLA PART II
PS JOGIGHOPA
DIST BONGAIGAON ASSAM
9:SRI DWIPEN DAS @ DIPEN DAS
S/O LATE DHIREN DAS
RESIDENT OF VILLAGE BORGHOLA PART II
PS JOGIGHOPA
DIST BONGAIGAON ASSAM
10:LEGAL HEIRS OF DECEASED DILIP DAS
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SMTI JURI BALA DAS
(WIFE)
RESIDENT OF VILLAGE BORGHOLA PART II
PS JOGIGHOPA
DIST BONGAIGAON ASSAM
11:SRI PARTHAJIT DAS
(SON)
RESIDENT OF VILLAGE BORGHOLA PART II
PS JOGIGHOPA
DIST BONGAIGAON ASSAM
12:SMTI HIMA DAS
(DAUGHTER)
RESIDENT OF VILLAGE BORGHOLA PART II
PS JOGIGHOPA
DIST BONGAIGAON ASSA
Advocate for the Petitioner : MS. B CHOUDHURY
Advocate for the Respondent :
BEFORE
HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA
ORDER
Date : 10.01.2024
Heard Ms. B Choudhury, learned counsel for the appellant.
The appeal is admitted for hearing upon the following
substantial questions of law:
a. Whether the learned lower appellate court was right and
has acted beyond jurisdiction in passing the impugned
judgment and decree on acceptance of the allegation of fraud
and impersonation hurled against the plaintiff by the
Defendants in execution of Sale Deed No.506 dated 4.10.1997
(plaintiff's Exhibit No.2) as established without the discharge
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of burden to prove the said allegations by the Defendants in
that regard?
b. Whether the learned courts below were right in holding
that the suit of the plaintiff/appellant of 2009 was time barred
under Article 59 of the Limitation Act of three years period of
time in as much as the ground for setting aside and /or
cancellation of the Sale Deed (Defendants' Exhibit-A) was that
the plaintiff did not appreciate its true nature and legal
consequences till the execution of the same (Exhibit-A) of the
Defendants) was made known to him in the year 2008?
The appellant shall be at liberty to raise any other substantial
questions of law at the time of hearing.
Issue notice to the respondents by Registered Post with A/D
and other usual process.
Call for the LCR.
List the matter after 4 (four) weeks.
JUDGE
Comparing Assistant
