Gauhati High Court
4: Sri Deep Barman vs Saraswati Barman on 28 July, 2025
Page No.# 1/4
GAHC010209312024
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : RSA/3/2025
ON THE DEATH OF LATE DULAL BARAMAN HIS LEGAL HEIRS-AND ANR
NAMELY-
1.1: SMTI.DIPIKA BARMAN
D/O. LATE DULAL BARMAN
R/O VILLAGE-ATHIABARI GAON
P.O. BARPETA ROAD
DISTRICT-BAKSA
ASSAM
PIN-781315.
1.2: SMTI.SUPRIYA BARMAN
D/O. LATE DULAL BARMAN
R/O VILLAGE-ATHIABARI GAON
P.O. BARPETA ROAD
DISTRICT-BAKSA
ASSAM
PIN-781315.
1.3: SMTI. PAKHI BARMAN
D/O. LATE DULAL BARMAN
R/O VILLAGE-ATHIABARI GAON
P.O. BARPETA ROAD
DISTRICT-BAKSA
ASSAM
PIN-781315.
1.4: SRI DEEP BARMAN
S/O. LATE DULAL BARMAN
R/O VILLAGE-ATHIABARI GAON
P.O. BARPETA ROAD
DISTRICT-BAKSA
ASSAM
PIN-781315.
Page No.# 2/4
2: SMTI BIPULA BARMAN
W/O DULAL BARMAN
RESIDENT OF VILLAGE ATHIABARI
PO GOBARDHANA
DIST BAKSA
ASSAM 78131
VERSUS
SARASWATI BARMAN
W/O SAMBHU BARMAN,
RESIDENT OF VILLAGE ATHIABARI, PO GOBARDHANA, DIST BAKSA,
ASSAM 781315
Advocate for the Petitioner : MR. SURAJIT DAS, MR. A DAS(P-2),MR S KHOUND(P-2),MR. K
MOHAMMED(P-2),MR. S M MUNIR (P-2),MR. P P DAS
Advocate for the Respondent : ,
Linked Case : I.A.(Civil)/42/2025
DULAL BARAMAN AND ANR
S/O LATE HARENDRA BARMAN
RESIDENT OF VILLAGE ATHIABARI
PO GOBARDHANA
DIST BAKSA
ASSAM 781315
2: SMTI BIPULA BARMAN
W/O DULAL BARMAN
RESIDENT OF VILLAGE ATHIABARI
PO GOBARDHANA
DIST BAKSA
ASSAM 781315
VERSUS
SARASWATI BARMAN
W/O LATE SAMBHU BARMAN
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RESIDENT OF VILLAGE ATHIABARI
PO GOBARDHANA
DIST BAKSA
ASSAM 781315
------------
Advocate for : MR. SURAJIT DAS
Advocate for : appearing for SARASWATI BARMAN
BEFORE
HONOURABLE MR. JUSTICE ROBIN PHUKAN
ORDER
28.07.2025
Heard Mr. A. Das, learned counsel for the appellants.
This appeal under Section 100 of the CPC is directed against the
judgment and decree dated 09.07.2024 passed by the learned Civil Judge (Sr. Div.),
Baksa in Title Appeal No. 4/2023, whereby the judgment and decree dated
26.06.2023, passed by the learned Civil Judge (Jr. Div.), Baksa in Title Suit No.
27/2020, dismissing the suit of the respondent/plaintiff, was set aside and quashed.
Perused the memo of the appeal and the grounds mentioned therein and
also perused the suggested substantial questions of law and also perused the
impugned judgment and decree dated 09.07.2024 passed by the learned Civil Judge
(Sr. Div.), Baksa in Title Appeal No. 4/2023 and also the judgment and decree dated
26.06.2023 passed by the learned Civil Judge (Jr. Div.), Baksa in Title Suit No.
27/2020.
This appeal is admitted on the following substantial question of law :-
(i) "Whether, without partition of a joint property, the
plaintiff has a right to claim actual physical possession
of land and maintain a suit for specific performance of an
agreement for sale of a portion of the said joint
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property?"
(ii) "Whether the impugned judgment and decree passed by
the learned First Appellate Court suffers from perversity
on account of misreading of the evidence on record and
thereby arrived at a perverse finding in respect of
readiness and willingness of the plaintiff to perform his
part of the agreement dated 07.11.2012, dehors any evidence
on record relating to fulfillment of the terms of the said
agreement, and in respect of payment of balance sale
consideration?"
This Court may also consider framing further substantial question of law,
if found necessary, at the time of hearing, after notifying both the parties.
Issue Notice on the respondents, returnable in 4 (four) weeks.
Steps be taken by a registered post with A/D and also by usual process,
within a week from today.
Registry shall call for the records from the learned Court.
List this matter after 4 (four) weeks.
JUDGE
Comparing Assistant
