Gauhati High Court
Madan Basumatary vs Tankeswar Ray And 5 Ors on 6 November, 2024
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GAHC010118172023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : RSA/94/2023
MADAN BASUMATARY
S/O LATE BIREN BASUMATARY
RESIDENT OF VILLAGE NORTH SALMARA, LALMATI, PO NORTH
SALMARA, PS ABHAYAPURI, DIST BONGAIGAON, ASSAM
VERSUS
TANKESWAR RAY AND 5 ORS.
S/O LATE LAKHI KANTA RAY,
RESIDENT OF VILLAGE NORTH SALMARA, LALMATI, PO NORTH
SALMARA, PS ABHAYAPURI, DIST BONGAIGAON, ASSAM
2:SRI FULESWAR RAY
S/O TANKESWAR RAY
RESIDENT OF VILLAGE NORTH SALMARA
LALMATI
PO NORTH SALMARA
PS ABHAYAPURI
DIST BONGAIGAON
ASSAM
3:SRI DIPANKAR RAY
S/O TANKESWAR RAY
RESIDENT OF VILLAGE NORTH SALMARA
LALMATI
PO NORTH SALMARA
PS ABHAYAPURI
DIST BONGAIGAON
ASSAM
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4:SRI BIMAL CHANDRA RAY
S/O TANKESWAR RAY
RESIDENT OF VILLAGE NORTH SALMARA
LALMATI
PO NORTH SALMARA
PS ABHAYAPURI
DIST BONGAIGAON
ASSAM
5:SMTI JAMINI BALA RAY
W/O LATE LAKHI KANTA RAY
RESIDENT OF VILLAGE NORTH SALMARA
LALMATI
PO NORTH SALMARA
PS ABHAYAPURI
DIST BONGAIGAON
ASSAM
6:SMTI BHANU RAY
S/O SRI MANTU RAY
RESIDENT OF VILLAGE NORTH SALMARA
LALMATI
PO NORTH SALMARA
PS ABHAYAPURI
DIST BONGAIGAON
ASSA
Advocate for the Petitioner : MR S S SHARMA, MS R SAHA,MR. B J MUKHERJEE,MR. H
BURAGOHAIN
Advocate for the Respondent : MR D C NATH, MR. C SHARMA
BEFORE
HON'BLE MR. JUSTICE ROBIN PHUKAN
ORDER
06.11.2024
Heard Mr. B.J. Mukherjee, learned counsel for the appellant and also heard Mr. C.
Sharma, learned counsel for the respondent No.1.
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This appeal under Section 100 of the Code of Civil Procedure is directed against the
judgment and decree dated 14.03.2023 passed in Title Appeal No.09/2017 by the learned
Civil Judge, Bongaigaon. It is to be noted here that vide impugned judgment and decree
dated 14.03.2023, the learned First Appellate Court has dismissed the appeal and thereby
upheld the judgment and decree dated 28.08.2017 passed by the learned Munsiff, North
Salmara, Abhayapuri, in Title Suit No.41/2013.
Perused the memo of appeal and the grounds mentioned therein and also perused
the impugned judgment and decree dated 14.03.2023 passed by the learned Civil Judge,
Bongaigaon as well as the judgment and decree dated 28.08.2017 passed by the learned
Munsiff, North Salmara, Abhayapuri.
This second appeal is admitted on the following substantial questions of law:-
(i) Whether the learned Trial Court and the learned First Appellate Court erred in law
in deciding the suit as well as the appeal in contravention of Section 110 of the
Indian Evidence Act, more so, when the Exhibits-1 and 2 had clearly established
the right, title and interest coupled with possession of the vendor of the plaintiff at
the time of selling the suit land to the plaintiff?
(ii) Whether the learned Trial Court and the learned First Appellate Court were justified
in dismissing the suit as well as the appeal when the registered sale deed, on the
strength of which the plaintiff purchased the suit land and the mutation as well as
patta in the name of his vendor, were never challenged by the defendants?
(iii) The Court may also consider framing of any other substantial question of law, if
found necessary, at the time of hearing of the appeal.
Issue notice to the respondents, returnable within 4(four) weeks.
No formal notice is required to be issued to the respondent No.1, as Mr. Sharma,
learned counsel has already entered appearance and received notice.
Appellant to take step for service of notice upon the remaining respondents by
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registered post with A/D and also by usual process within a week from today.
Registry shall call for the record from the learned Courts below.
List the matter after 4(four) weeks.
Sd/- Robin Phukan
JUDGE
Comparing Assistant
