Page No.# 1/3 vs The State Of Assam And 7 Ors
2024 Latest Caselaw 423 Gua

Citation : 2024 Latest Caselaw 423 Gua
Judgement Date : 25 January, 2024

Gauhati High Court

Page No.# 1/3 vs The State Of Assam And 7 Ors on 25 January, 2024

Author: Malasri Nandi

Bench: Malasri Nandi

                                                             Page No.# 1/3

GAHC010065332019




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

                             Case No. : RSA/14/2024
         SRI RAJU AGARWALLA AND ANR
         S/O LATE BEHARI LAL AGARWALLA
         RESIDENT OF RANGPURIA VILAGE, PO AND PS LAHOAL, DIST
         DIBRUGARH, ASSAM
         2: SRI SATYA NARAYAN AGARWALLA
          S/O LATE BEHARI LAL AGARWALLA
         RESIDENT OF RANGPURIA VILAGE
          PO AND PS LAHOAL
          DIST DIBRUGARH
         ASSA
         VERSUS
         THE STATE OF ASSAM AND 7 ORS
         REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM,
         DEPARTMENT OF REVENUE, DISPUR ASSAM
         2:THE CIRCLE OFFICER
          DIBRUGARH REVENUE CIRCLE(EAST) PO AND DIST DIBRUGARH
         ASSAM
         3:SRI RAMESH BARUAH
          LAT MANDAL
          DIBRUGARH REVENUE CIRCLE(EAST) PO AND DIST DIBRUGARH
         ASSAM
         4:SRI PRASANTA GOGOI (MANDAL)
          DIBRUGARH REVENUE CIRCLE(EAST) PO AND DIST DIBRUGARH
         ASSAM
         5:SRI MOTI RAJ LOHAR
          S/O LATE DALBIR SINGH LOHAR
          RESIDENT OF JAIL ROAD
          KHALIHAMARI
          PO
          PS AND DIST DIBRUGARH
         ASSAM
         6:SRI MUKTI RAJ LOHAR
          S/O LATE DALBIR SINGH LOHAR
          RESIDENT OF JAIL ROAD
          KHALIHAMARI
                                                                     Page No.# 2/3

            PO
            PS AND DIST DIBRUGARH
            ASSAM

           7:SRI UMA GOGOI
            S/O LATE SUSEN GOGOI
           RESIDENT OF BANIPUR
            PO
            PS AND DIST DIBRUGARH
           ASSAM

           8:SRI RAMEN GOGOI
            S/O SRI AHIKANTA GOGOI
           RESIDENT OF ROMAI BONGAL GAON PS LAHOAL
            DIST DIBRUGARH
           ASSA

Advocate for the Petitioner : MR. P J SAIKIA, SR. ADV
Advocate for the Respondent : SC, REVENUE


                                 BEFORE
                    HONOURABLE MRS. JUSTICE MALASRI NANDI

                                        ORDER

Date : 25.01. 2024.

Heard Mr. PJ Saikia, learned senior counsel, assisted by Mr. A.K. Gupta, learned counsel for the appellants and Mr. A. Bhattacharjee, learned counsel for the respondent No. 1 and Ms. K. Phukan, learned counsel for the respondent Nos. 2, 3 and 4.

This second appeal has been filed by the appellants against the judgment and decree dated 10.12.2018, passed by the learned Civil Judge, Dibrugarh in Title Appeal No. 1/2014 upholding the judgment and decree dated 18.12.2013, passed by the learned Munsiff No. 1, Dibrugarh in Title Suit No. 74/2008 (54/03- Old).

Issue notice to the respondent Nos. 5, 6, 7 and 7(a).

The appellants shall take steps for service of notice upon the respondent Page No.# 3/3

Nos. 5, 6, 7 and 7(a) by registered post with A/D as well as usual process, returnable within 4 weeks.

Steps be taken within 7 days.

No formal notice is required to be issued to the respondent Nos. 1, 2, 3 and 4 as Mr. Bhattacharjee and Ms. Phukan, learned counsel have entered appearance and accepted notice on behalf of the said respondents respectively.

The appeal is admitted for hearing on the following substantial questions of law:-

1. Whether any formal order of the court on an application under Section 80(2) of the Code of the Civil Procedure 1908 is mandatory on the face of issuance of notice by the court?

2. Whether the registered Sale deed No. 2316 of 1956 (Ext. B) or Sale Deed No. 796/2012 (Ext. 51) is the conclusive proof of delivery of possession by the vendor to the purchaser?