Jayanti Pator vs Biren Bora
2024 Latest Caselaw 4105 Gua

Gauhati High Court

Jayanti Pator vs Biren Bora on 10 June, 2024

Author: Sanjay Kumar Medhi

Bench: Sanjay Kumar Medhi

                                                                         Page No.# 1/3

GAHC010267972023




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

                                   Case No. : RSA/12/2024

            JAYANTI PATOR
            W/O LATE BIRBAL PATOR,
            VILL.- MAJARBORI, MOUZA, P.O. AND P.O.- MIKIRBHETA, DIST.-
            MORIGAON, ASSAM, PIN- 782001.



            VERSUS

            BIREN BORA
            S/O LATE SHIVA RAM BORA,
            VILL.- TORABORI, MOUZA- MIKIRBHETA, DIST.- MORIGAON, ASSAM.
            AT PRESENT RESIDING AT DHING ATHGAON SUTIPAR, MOUZA- DHING,
            P.O. AND P.S.- DHING, DIST.- NAGAON, ASSAM, PIN- 782123.



Advocate for the Petitioner   : MR. D C C PHUKAN

Advocate for the Respondent :




                                   BEFORE
                  HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                          ORDER

10.06.2024 Heard Shri DCC Phukan, learned counsel for the appellant, who has preferred this regular second appeal under Section 100 of the Code of Civil Procedure, 1908 challenging the judgment and order dated 24.08.2023 and Page No.# 2/3

decree dated 05.09.2023 passed by the learned Civil Judge (Sr. Div.), Morigaon in Title Appeal No. 08/2021 dismissing the appeal arising out of judgment and decree dated 08.03.2021 passed by learned Munsiff No. 2, Morigaon dismissing the counter claim of defendant (appellant).

2. The appellant was the defendant in the suit which was instituted for declaration of right, title and interest and recovery of possession. In the said suit, the appellant had also made a counter claim and the issue no. 10 relates to the relief sought for in the counter claim, which reads as follows:

x. Whether counter claimant is entitled to specific performance of contract on the basis of unregistered Sale Deed dtd. 8.02.2024 and 30.04.2015?

3. The learned counsel has submitted that the aforesaid issue has been decided against the appellant by both the Courts below without taking into consideration the evidence on record. The learned counsel has also informed this Court that so far as same judgment and decree is concerned pertaining to the plaint, the present appellant has already instituted a RSA/4/2024 which was admitted by this Court on 10.01.2024.

4. Admit this appeal on the following substantial question of law-

Whether the findings arrived at on issue no. x regarding counter claim for specific performance of contract instituted by the appellant on the basis of unregistered Sale Deed dated 08.02.2014 and 30.04.2015 are in accordance with law.

5. As observed above, the connected RSA/4/2024 has already admitted vide an order dated 10.01.2024 and the LCR has been called for.

6. List along with RSA/4/2024 after receipt of the LCR.

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7. Shri PJ Saikia, learned counsel is present for the sole respondent and accepts notice. Let a copy of the present RSA along with connected documents be furnished to him within two days.

JUDGE

Comparing Assistant