Md. Hasen Ali vs Smti Sashi Bora And 3 Ors
2024 Latest Caselaw 3245 Gua

Gauhati High Court

Md. Hasen Ali vs Smti Sashi Bora And 3 Ors on 13 May, 2024

Author: Devashis Baruah

Bench: Devashis Baruah

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GAHC010010482013




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

                                 Case No. : CRP/321/2013

          MD. HASEN ALI
          S/O- LT. YAAD ALI, R/O VILL.- BANTO BANGALI, MOUZA- LAKHIMPUR,
          P.S. and DIST.- LAKHIMPUR, ASSAM.



          VERSUS

          SMTI SASHI BORA and 3 ORS
          W/O- SHRI KHAGEN BORA

          2:KHAGEN BORA
           S/O- LT. GOLAP BORA
           BOTH ARE R/O VILL.- JAPISAJIA
           P.O. and P.S.- NORTH LAKHIMPUR
           DIST.- LAKHIMPUR
          ASSAM
           PIN-

          3:NUR MOHAMMAD
           S/O- LT. AZITULLAH.

          4:JALAL UDDIN
           S/O- LT. ALIMUDDIN
           BOTH ARE R/O VILL.- BANTO BANGALI
           MOUZA- LAKHIMPUR
           P.S. and DIST.- LAKHIMPUR
          ASSAM




Advocate for the petitioner(s): Ms. R Choudhury
                                                                        Page No.# 2/3



Advocate for the respondent(s): Mr. KK Phukan
                                 Mr. GG Gogoi


                                  BEFORE
                HON'BLE MR. JUSTICE DEVASHIS BARUAH
                                     ORDER

13.05.2024 This is an application under Section 115 of the Code of Civil Procedure, 1908 (for short, the Code) assailing the judgment and order dated 31.07.2013 whereby the suit filed by the plaintiff under Section 6 of the Specific Relief Act, 1963 for recovery of khas possession and permanent injunction was dismissed.

2. This Court has duly perused the impugned judgment and order and from a perusal of the said judgment, it reveals that the learned Trial Court had duly taken note of the evidence on record and had come to a categorical finding that the plaintiff could not show that the plaintiff was in possession of the suit land. Consequently, this Court has also perused the records, from which this Court does not find that the learned Trial Court had committed any jurisdictional error in dismissing the suit. Accordingly, the instant petition stands dismissed by confirming the judgment and decree dated 31.07.2013 passed in Title Suit No.27/2011.

3. Before concluding, this Court makes it clear that the impugned judgment and the instant order shall not preclude the plaintiff to avail other remedies, if permitted by law.

4. The revision petition stands dismissed.

5. Registry shall return the LCR forthwith.

Page No.# 3/3

JUDGE

Comparing Assistant