Page No.# 1/4 vs Bharati Barman @ Bharati Medhi And 4 Ors
2024 Latest Caselaw 4061 Gua

Gauhati High Court

Page No.# 1/4 vs Bharati Barman @ Bharati Medhi And 4 Ors on 7 June, 2024

Author: Sanjay Kumar Medhi

Bench: Sanjay Kumar Medhi

                                                                   Page No.# 1/4

GAHC010268202023




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

                            Case No. : RSA/219/2023

         JITEN BARMAN @ JITENDRA BARMAN AND 6 ORS.
         S/O LATE KARINDRA BARMAN
         RESIDENT OF VILLAGE NO. 1, SUPARIGURI, PS BIJNI, DIST CHIRANG,
         BTAD, ASSAM

         2: SRI SATISH BARMAM
          S/O SRI JITEN BARMAN
         RESIDENT OF VILLAGE NO. 1
          SUPARIGURI
          PS BIJNI
          DIST CHIRANG
          BTAD
         ASSAM

         3: SRI RAHUL BARMAN
          S/O SRI JITEN BARMAN
         RESIDENT OF VILLAGE NO. 1
          SUPARIGURI
          PS BIJNI
          DIST CHIRANG
          BTAD
         ASSAM

         4: SRI HRIDOY BARMAN
          S/O SRI JITEN BARMAN
         RESIDENT OF VILLAGE NO. 1
          SUPARIGURI
          PS BIJNI
          DIST CHIRANG
          BTAD
         ASSAM

         5: SRI KAMALESWAR BARMAN
          S/O SRI JITEN BARMAN
                                                           Page No.# 2/4

RESIDENT OF VILLAGE NO. 1
SUPARIGURI
PS BIJNI
DIST CHIRANG
BTAD
ASSAM

6: SMTI DIPALI BARMAN
W/O SRI JITEN BARMAN
RESIDENT OF VILLAGE NO. 1
 SUPARIGURI
 PS BIJNI
 DIST CHIRANG
 BTAD
ASSAM

7: SMTI PADMABATI BARMAN
W/O SRI SATISH BARMAN
RESIDENT OF VILLAGE NO. 1
 SUPARIGURI
 PS BIJNI
 DIST CHIRANG
 BTAD
ASSA

VERSUS

BHARATI BARMAN @ BHARATI MEDHI AND 4 ORS.
W/O SRI ATUL CH. MEDHI

D/O LATE KARINDRA BARMAN
RESIDENT OF VILLAGE NO. 1, SUPARIGURI, PS BIJNI, DIST CHIRANG,
BTAD, ASSAM

2:ON THE DEATH OF SMTI DAMAYANTI BALA BARMAN
 HER LEGAL HEIR SRI SUSHIL MOHAN BARMAN
 S/O LATE THUKURA BARMAN
RESIDENT OF VILLAGE BECHEMARI
 PO CHAPRAKATA

PS AND DIST BONGAIGAON
ASSAM

3:SRI JOGODISH BARMAN
 S/O SUSHIL MOHAN BARMAN
RESIDENT OF VILLAGE BECHEMARI
 PO CHAPRAKATA
                                                                      Page No.# 3/4

              PS AND DIST BONGAIGAON
              ASSAM

              4:SRI DEBEN KUMAR BARMAN
               S/O SUSHIL MOHAN BARMAN
              RESIDENT OF VILLAGE BECHEMARI
               PO CHAPRAKATA

              PS AND DIST BONGAIGAON
              ASSAM

              5:SRI PABITRA KUMAR BARMAN
               S/O SUSHIL MOHAN BARMAN
              RESIDENT OF VILLAGE BECHEMARI
               PO CHAPRAKATA

              PS AND DIST BONGAIGAON
              ASSA

Advocate for the Petitioner   : MR. B J MUKHERJEE

Advocate for the Respondent :




                                   BEFORE
                  HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                         ORDER

07.06.2024.

The present appeal has been preferred under Section 100 of the CPC, 1908 challenging a judgment and decree dated 14.08.2023 passed by the learned Civil Judge (Sr. Division), Chirang in Title Appeal No. 2/2023 affirming the judgment and decree dated 22.04.2019 passed by the learned Munsiff, Bijni in TS No. 09/2018 whereby the suit was decreed in favour of the plaintiffs.

The present appellants are the defendants in the suit.

Shri BJ Mukherjee, learned counsel for the appellants has submitted that the findings of the learned Courts below towards declaration of right, title and interest over the suit land are not based on materials which are required under Page No.# 4/4

the law and such title has been declared on the strength of certain entries in the mutation. It is also submitted that though such entries were claimed to be on the basis of family settlement, such family settlement was neither produced nor proved.

The appeal is admitted on the following substantial question of law:

Whether the plaintiff's reliance solely on the Jamabandi/mutation sufficient to prove her exclusive title over the entire plot of land of her decreased father including the suit land to the exclusion of the other legal heirs?

This Court may frame any other substantial questions of law at the time of hearing with notice to the respective parties.

Let steps be taken for service of notice upon the respondents by usual process.

Steps be taken within 3 working days.

List this case after 6 weeks along with service report.

JUDGE

Comparing Assistant