RSA/2/2024
2024 Latest Caselaw 84 Gua

Gauhati High Court

RSA/2/2024 on 8 January, 2024

Author: Parthivjyoti Saikia

Bench: Parthivjyoti Saikia

                                                                Page No.# 1/3

GAHC010294382023




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

                                   Case No. : RSA/2/2024

            1. LAKHSMI DEVI CHANDAK @ LAKHSMI CHANDAK AND 2 ORS.,
            W/O LATE MAHADEOLAI CHANDAK,
            RESIDENT OF THAKURBARI ROAD,
            WARD NO. 9, NORTH LAKHIMPUR TOWN,
            DIST LAKHIMPUR, ASSAM, 787001

            2: BITIKA CHANDAK,
             D/O LATE MAHADEOLAI CHANDAK,
            RESIDENT OF THAKURBARI ROAD,
            WARD NO. 9, NORTH LAKHIMPUR TOWN,
             DIST LAKHIMPUR, ASSAM, 787001.

            3: JYOTIKA CHANDAK @ JYOTI CHANDAK,
             D/O LATE MAHADEOLAI CHANDAK,
            RESIDENT OF THAKURBARI ROAD,
            WARD NO. 9, NORTH LAKHIMPUR TOWN,
             DIST LAKHIMPUR, ASSAM, 78700

                    --VERSUS--

            MANJ DEVI CHANDAK
            W/O SATYANARAYAN CHANDAK,
            RESIDENT OF THAKURBARI ROAD, WARD NO. 10,
            NORTH LAKHIMPUR TOWN, DIST LAKHIMPUR,
            ASSAM, 787001

Advocate for the Petitioner   : MR. P MAHANTA

Advocate for the Respondent :
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                                 -B E F O R E -
             HON'BLE MR. JUSTICE PARTHIVJYOTI SAIKIA
                                    ORDER

08.01.2024

Heard Mr. P. Mahanta, learned counsel for the appellants. This Regular Second Appeal is admitted for hearing on the following 2(two) substantial questions of law:-

(i) Whether in absence of any proof regarding selling a space/carpet area contrary to the schedule of the sale deed can be proved by invoking the provisions of Section 95 read with proviso No.6 of the Section 92 instead of accepting the contents of the documents under Section 91 of the Indian Evidence Act?

(ii) Whether the appellate court is justified in accepting the evidence of the DW by traversing the contents and schedule of the sale deed which can be proved under Section 91 of the Evidence Act for allowing the Title Appeal No.1/2018 by dismissing the Title Suit No.13/2013 preferred by the appellant/plaintiff?

Issue notice to the sole respondent. The appellants shall take steps for service of notice upon the sole respondent by registered post with A/D. Call for the LCR.

List after 4(four) weeks.

It is directed that till disposal of the appeal, the judgment dated 21.09.2023 and decree dated 04.10.2023 passed by the learned Additional Page No.# 3/3

District Judge (FTC), Lakhimpur, North Lakhimpur in Title Appeal No.01/2028 shall remain stayed.

JUDGE

Comparing Assistant