Page No.# 1/3 vs Nogen Ch Das And 3 Ors
2025 Latest Caselaw 9648 Gua

Gauhati High Court

Page No.# 1/3 vs Nogen Ch Das And 3 Ors on 17 December, 2025

                                                              Page No.# 1/3

GAHC010197482025




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

                          Case No. : RSA/215/2025

         DEBOLA DAS AND 2 ORS.
         WIFE OF LATE BASU DAS, RESIDENT OF SARUHUJ GAON, MOUZA-
         PARBATIA, DIST- JORHAT-785006

         2: TANURAM DAS
          SON OF LATE BASU DAS
          RESIDENT OF SARUHUJ GAON
          MOUZA- PARBATIA
          DIST- JORHAT-785006

         3: PULIN CH DAS
          SON OF LATE BASU DAS
          RESIDENT OF SARUHUJ GAON
          MOUZA- PARBATIA
          DIST- JORHAT-78500

         VERSUS

         NOGEN CH DAS AND 3 ORS.
         SON OF LATE MONAI DAS, RESIDENT OF SARUHUJ GAON, MOUZA-
         PARBATIA, DIST- JORHAT

         2:UPEN CH DAS (MISTRI)
          SON OF LATE PURA DAS
          RESIDENT OF SARUHUJ GAON
          MOUZA- PARBATIA
          DIST- JORHAT

         3:ANUJ DAS
          SON OF LT MONAI DAS
          RESIDENT OF SARUHUJ GAON
          MOUZA- PARBATIA
          DIST- JORHAT
                                                                          Page No.# 2/3

            4:ANANTA DAS
             SON OF TILESWAR DAS
             RESIDENT OF SARUHUJ GAON
             MOUZA- PARBATIA
             DIST- JORHA

Advocate for the Petitioner   : MR. A SATTAR, KAKU GOGOI,A GOSWAMI,MR. P P
BORTHAKUR

Advocate for the Respondent : ,




                                   BEFORE
                 HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                         ORDER

Date : 17.12.2025

1. Heard Mr. P. P. Borthakur, learned counsel for the appellants.

2. This appeal under Section 100 of the Code of Civil Procedure, 1908 has been filed by the appellants impugning the judgment and decree dated 20.05.2025 passed by the Court of learned Civil Judge (Senior Division), Jorhat in Title Appeal No. 2/2020 whereby the decree and judgment passed by the learned Munsiff No. 1, Jorhat on 22.01.2020 in Title Suit No. 49/2015 was affirmed and upheld.

3. After hearing the learned counsel for the appellants and after going the materials available on record, following substantial questions of law is formulated in the instant appeal:-

"Whether the First Appellate Court as well as the Trial Court committed

perversity in ignoring the specific pleadings of the appellant in their written statement wherein they took a specific plea of adversely possessing the suit land for 50 years by constructing dwelling houses thereon".

Page No.# 3/3

4. This appeal is admitted.

5. Issue notice to the respondents.

6. The appellants shall take steps for issuance of notice upon the respondents by speed post as well as by usual mode within seven days from the

date of this order, returnable on 5th of February, 2026.

7. Call for the Trial Court records as well as First Appellate Court from the concerned Courts.

8. The Registry to take steps for requisitioning the aforesaid records.

9. List accordingly.

JUDGE

Comparing Assistant