Gauhati High Court

Page No.# 1/3 vs Debojit Das on 2 June, 2025

Author: Devashis Baruah

Bench: Devashis Baruah

                                                               Page No.# 1/3

GAHC010101742025




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

                                 Case No. : RSA/83/2025

         DEBASISH DAS AND 6 ORS.
         S/O. LT. KALI KUMAR DAS

         2: ABHIJIT DAS
          S/O. LT. KALI KUMAR DAS

         3: SUMITA DAS
         W/O. LT. SURAJIT DAS

         4: PARTHIV DAS
          S/O. LT. SURAJIT DAS

         5: PRITAM DAS
          S/O. LT. SURAJIT DAS

         6: AMITAVADAS
          S/O. LT. KALI KUMAR DAS

         7: SUBHASISH DAS
          S/O. LT. LAKI KUMAR DAS
         ALL ARE R/O. H/NO. 22
          BIBEKANANDAPURAM
          BHASKAR NAGAR
          P/S. FATASIL AMBARI
          GUWAHATI-18
          DIST. KAMRUP (M)
         ASSAM
          PIN-78101

         VERSUS

         DEBOJIT DAS
         S/O. LT. KALI KUMAR DAS, R/O. SAMIR DAS AND ANANTA SEN, NEAR
         SIVBARI BIDHANSANGHA CLUB KAMAKHYA COLONY, P/O. PANDU, P/S.
                                                                       Page No.# 2/3

           JALUKBARI, GUWAHATI-12, DIST. KAMRUP (M), ASSAM, PIN-
           781012.ASSAM




Advocate for the appellant(s): Mr. A Biswas


Advocate for the respondent(s):


                                  BEFORE
                 HON'BLE MR. JUSTICE DEVASHIS BARUAH


                                    ORDER

02.06.2025

Heard Mr. A Biswas, the learned counsel appearing on behalf of the appellants.

2. This is an appeal under Section 100 of the Code of Civil Procedure, 1908, challenging the judgment and decree dated 14.02.2025 passed by the Court of the learned Civil Judge (Senior Division) No.3, Kamrup(M) at Guwahati in Title Appeal No.12/2023, whereby the appeal was allowed, thereby dismissing the suit filed by the appellants.

3. The instant appeal is admitted on the following substantial question of law:

(i).Whether the learned First Appellate Court was justified in rejecting the Exhibit-1 i.e. the Deed of Family Settlement dated 01.12.1982 on the ground that the said Deed of Family Settlement was not registered under Section 17 of the Registration Act, 1908?

Page No.# 3/3

4. Call for the records.

5. Steps be taken upon the respondent by way of registered post with A/D as well as by usual process within 3(three) days from today.

6. List the appeal again on 25.06.2025.

7. The Registry shall ensure that the records are received by this Court by the next date so fixed hereinabove.

JUDGE

Comparing Assistant