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Gauhati High Court
Arjun Rabidas vs Nikhil Ranjan Nath And 7 Ors on 17 December, 2025
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GAHC010216802025
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : RSA/213/2025
ARJUN RABIDAS
S/O LATE KASHIRAM RABIDAS, VILL- DUMURGHAT, PORGONAH
DAYAPUR PART-I, P.S.- UDHARBOND, P.O.- UDHARBOND-788030, DIST-
CACHAR, ASSAM
VERSUS
NIKHIL RANJAN NATH AND 7 ORS.
S/O LATE NITAI CHARAN NATH, R/O VILL- DURGANAGAR PART-IV, P.S.-
UDHARBOND, P.O.- UDHARBOND- 788030, DIST- CACHAR, ASSAM
2:SMTI. NILIMA NATH
W/O SRI NIKHIL RANJAN NATH
R/O VILL- DURGANAGAR PART-IV
P.S.- UDHARBOND
P.O.- UDHARBOND- 788030
DIST- CACHAR
ASSAM
3:RINKU NATH
S/O SRI NIKHIL RANJAN NATH
R/O VILL- DURGANAGAR PART-IV
P.S.- UDHARBOND
P.O.- UDHARBOND- 788030
DIST- CACHAR
ASSAM
4:SUMAN NATH
S/O SRI NIKHIL RANJAN NATH
R/O VILL- DURGANAGAR PART-IV
P.S.- UDHARBOND
P.O.- UDHARBOND- 788030
DIST- CACHAR
ASSAM
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5:THE STATE OF ASSAM
REPRESENTED BY THE DISTRICT COMMISSIONER
CACHAR DISTRICT
P.O.- SILCHAR - 7887001
ASSAM
6:ON THE DEATH OF MANIK MIA
HIS LEGAL HEIRS
MUSSTT. LAILA KHATUN
W/O LATE MANIK MIA
R/O VILL- DURGANAGAR PART-IV
P.S.- UDHARBOND
P.O.- UDHARBOND- 788030
DIST- CACHAR
ASSAM
7:MD. ABUL HUSSAIN
S/O LATE MANIK MIA
R/O VILL- DURGANAGAR PART-IV
P.S.- UDHARBOND
P.O.- UDHARBOND- 788030
DIST- CACHAR
ASSAM
8:MD. SEBUL HUSSAIN
S/O LATE MANIK MIA
R/O VILL- DURGANAGAR PART-IV
P.S.- UDHARBOND
P.O.- UDHARBOND- 788030
DIST- CACHAR
ASSA
Advocate for the Petitioner : MR. N DHAR, MS. U BARUAH,MR. T U LASKAR
Advocate for the Respondent : GA, ASSAM,
BEFORE
HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA
ORDER
Date : 17.12.2025
1. Heard Mr. N. Dhar, learned counsel for the appellant. Also heard Mr. T.
R. Gogoi, learned Government Advocate appearing for the proforma respondent
No. 5 i.e., the State of Assam.
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2. This appeal under Section 100 of the Code of Civil Procedure, 1908
has been preferred by the appellant, namely, Sri Arjun Rabidas impugning the
judgment and decree dated 27.06.2025 passed by the Court of learned Civil
Judge (Senior Division) No. 1, Cachar, Silchar in Title Appeal No. 14/2020
whereby it allowed the appeal and set aside and reversed the judgment passed
by the Trial Court i.e., the Court of learned Munsiff No. 1, Cachar on 18.12.2019
in Title Suit No. 28/2007.
3. After hearing the learned counsel for the appellant as well as
considering the materials on record, following substantial questions of law is
formulated in the instant appeal:-
"Whether the judgment of the Appellate Court is perverse in as much as it
ignored the fact that the suit land and the land of the principal defendants
are two separate plots of land covered by separate boundaries. Further,
whether the impugned judgment of the Appellate Court is also perverse in
as much as the Appellate Court relied on the mutation certificate i.e.,
Exhibit No. I and un-registered sale deeds i.e., Exhibit- B, Exhibit-C and
Exhibit-D to come to conclusion that the principal respondent has better
title over the suit land then that of the present appellant".
4. This appeal is admitted.
5. Issue notice.
6. Since, Mr. T. R. Gogoi, learned Government Advocate has already
appeared for the respondent No. 5, no formal notice need to be issued to the
said respondent.
7. As regards the other respondents, the appellant shall take steps for
issuance of notice by speed post as well as by usual mode within seven days
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from the date of this order, returnable on 30th of January, 2026.
8. Call for the records of Title Appeal No. 14/2020 as well as Title Suit
No. 28/2007 from the respective Courts.
9. The Registry shall take steps for requisitioning the aforesaid records.
10. List accordingly.
JUDGE
Comparing Assistant
