Gauhati High Court
Page No.# 1/4 vs Ranjan Prasad Kanu And 9 Ors on 10 June, 2024
Author: Sanjay Kumar Medhi
Bench: Sanjay Kumar Medhi
Page No.# 1/4
GAHC010066792024
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : RSA/97/2024
PARBATI KANU @ KANU AND 5 ORS
W/O LATE SATYA NARAYAN KANU,
RESIDENT OF WARD NO. 3, GAURIPUR TOWN, PO AND PS GAURIPUR,
DIST DHUBRI, ASSAM 783331
2: SHRI SWAPAN KANU
S/O LATE SATYA NARAYAN KANU
RESIDENT OF WARD NO. 3
GAURIPUR TOWN
PO AND PS GAURIPUR
DIST DHUBRI
ASSAM 783331
3: SHRI TAPAN KANU
S/O LATE SATYA NARAYAN KANU
RESIDENT OF WARD NO. 3
GAURIPUR TOWN
PO AND PS GAURIPUR
DIST DHUBRI
ASSAM 783331
4: SMTI RENU KANU
D/O LATE SATYA NARAYAN KANU
RESIDENT OF WARD NO. 3
GAURIPUR TOWN
PO AND PS GAURIPUR
DIST DHUBRI
ASSAM 783331
5: SMTI ARATI KANU
D/O LATE SATYA NARAYAN KANU
Page No.# 2/4
RESIDENT OF WARD NO. 3
GAURIPUR TOWN
PO AND PS GAURIPUR
DIST DHUBRI
ASSAM 783331
6: SMTI ANJALI KANU @ ANJALI GUPTA
D/O LATE SATYA NARAYAN KANU
RESIDENT OF WARD NO. 3
GAURIPUR TOWN
PO AND PS GAURIPUR
DIST DHUBRI
ASSAM 78333
VERSUS
RANJAN PRASAD KANU AND 9 ORS
S/O LATE SHIBLAL KANU, RESIDENT OF GAURIPUR WARD NO. 3, PO AND
PS GAURIPUR, DIST DHUBRI, ASSAM, 783331
2:SMTI MINA KANU @ MEENA KANU
D/O LATE SHIBLAL KANU
W/O SRI MADAN KANU
RESIDENT OF DINGDINGA BAZAR
PS GOSSAIGAON
DIST KOKRAJHAR
ASSAM 783333
3:BINA KANU
D/O SHIBLAL KANU
W/O SRI ASHOK GUPTA
RESIDENT OF NEAR NAYA BAZAR
SILIGURI
DIST DARJEELING
WEST BENGAL 734005
4:SMTI MEERA KANU
D/O LATE SHIBLAL KANU
W/O SRI SANJAY KANU
RESIDENT OF RANGA BAZAR SILIGURI
WEST BENGAL
DIST DARJEELING
WEST BENGAL 734005
5:SHRI SANTOSH KANU
S/O LATE SHIB PRASAD KANU AND LATE LILA DEVI KANU
Page No.# 3/4
RESIDENT OF WARD NO. 4 GAURIPUR TOWN
PO AND PS GAURIPUR
DIST DHUBRI
ASSAM 783331
6:SHRI MANOJ KANU
S/O LATE SHIB PRASAD KANU AND LATE LILA DEVI KANU
RESIDENT OF WARD NO. 4 GAURIPUR TOWN
PO AND PS GAURIPUR
DIST DHUBRI
ASSAM 783331
7:SMTI BABY KANU
D/O LATE SHIB PRASAD KANU AND LATE LILA DEVI KANU
RESIDENT OF WARD NO. 4 GAURIPUR TOWN
PO AND PS GAURIPUR
DIST DHUBRI
ASSAM 78333
Advocate for the Petitioner : MR G BHARADWAJ
Advocate for the Respondent :
BEFORE
HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
ORDER
10.06.2024
Heard Shri A.C. Sarma, learned Senior Counsel assisted by Shri G. Bharadwaj,
learned counsel for the appellants, who has preferred the present appeal under
Section 100 of the Code of Civil Procedure, 1908 against a Judgment and Decree
dated 07.12.2023 passed in Title Appeal No. 28/2019 by the Learned Civil Judge,
Senior Division, Dhubri.
The learned First Appellate Court vide the aforesaid judgment has affirmed the
findings of the learned Trial Court in the Judgment and Decree dated 29.06.2019
passed in Title Suit No. 325/1986 by the learned Munsiff No. 2, Dhubri.
Upon hearing, the appeal is admitted on the following substantial questions of
Page No.# 4/4
law:
"1. Whether both the Courts below erred in law in holding that registered gift
deed marked a "Unga" is un-executable and not enforceable in the eye of law?
2. Whether the learned lower appellate Court erred in law is not dismissing
the suit while holding that plaintiff had no legal character to claim for partition
of ancestral properties during the life time of this father?"
This Court may frame any other substantial question of law involved in the case
that may arise after notice of the parties.
Call for the records.
Let steps for service of notice be taken against the respondents by usual
process.
List this matter after 6 (six) weeks along with service report.
It is submitted that the plaintiffs had also preferred RSA 92/2024 against the
same judgment which has been admitted on 05.06.2024.
List this appeal along with RSA 92/2024.
JUDGE
Comparing Assistant
