Gauhati High Court
Page No.# 1/3 vs Sri Mathura Prasad Tiwari Alias Mathura ... on 24 March, 2025
Page No.# 1/3
GAHC010032302025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : RSA/21/2025
HEM BORA ALIAS HEM BORAH
SON OF LATE RATNA NATH BORA,
RESIDENT OF VILLAGE BISHNUPUR WARD NO. 10, MORAN TOWN 2 NO.
SARUPATHAR, VILLAGE PO MORANHAT, PS MORANHAT, DIST
CHARAIDEO, ASSAM 785670
2: RANJIT BORA ALIAS RANJIT BORAH
SON OF HEM BORA BOTH ARE RESIDENT OF VILLAGE BISHNUPUR
WARD NO 10
MORAN TOWN
2 NO SARUPATHAR VILLAGE
P.O.- MORANHAT
P.S.- MORANHAT
DISTRICT- CHARAIDEO
ASSAM
PIN-78567
VERSUS
SRI MATHURA PRASAD TIWARI ALIAS MATHURA TIWARI
SON OF LATE LAKHINATH TIWARI, RESIDENT OF BISHNUPUR, P.O.- AND
P.S.- MORANHAT, DISTRICT- CHARAIDEO, ASSAM-785670
2:SRI PRANAB SHARMA
SON OF LATE SHIVA SHARMA
3:SRI TANKESWAR SHARMA
SON OF SRI PRANAB SHARMA
4:JADUMONI SHARMA
SON OF SRI PRANAB SHARMA NOS. 2
3 AND 4 ARE RESIDENT OF KHOOMTAIE CHAKALIA VILLAGE (NEAR
KHOOMTAIE HIGH SCHOOL)
P.O.- MORANHAT
Page No.# 2/3
P.S.- MORANHAT
DISTRICT- CHARAIDEO
ASSAM
78567
Advocate for the Petitioner : MR. R SARMA, MS. D GOGOI
Advocate for the Respondent : MR. C SARMAH, MR. C SARMAH (R-1),MS B DUTTA(R-1),MR.
S R GOGOI(R-1),FOR CAVEATOR
BEFORE
HONOURABLE MR. JUSTICE ROBIN PHUKAN
ORDER
24.03.2025
Heard Mr. R. Sarma, learned counsel for the appellant and Mr. S.R.
Gogoi, learned counsel for the respondent No. 1.
2. This appeal, under Section 100 of the C.P.C, is directed against the
Judgment dated 18.11.2024 and Decree dated 03.12.2024, passed by the learned
Civil Judge (Senior Division), Charaideo, Sonari, in Title Appeal No. 02/2023.
3. It is to be noted here that vide Judgment dated 18.11.2024 and
Decree dated 03.12.2024, passed by the learned Civil Judge (Senior Division),
Charaideo, Sonari has dismissed the appeal and affirmed the Judgment dated
02.06.2023 and Decree dated 03.06.2023, passed by the learned Munsiff,
Charaideo, Sonari, in Title Suit No. 24/2021.
4. Perused the memo of appeal as well as the grounds mentioned therein
and also perused the Judgment dated 18.11.2024 and Decree dated 03.12.2024,
passed by the learned Civil Judge (Senior Division), Charaideo, Sonari, in Title
Appeal No. 02/2023 and also perused the Judgment dated 02.06.2023 and Decree
dated 03.06.2023, passed by the learned Munsiff, Charaideo, Sonari, in Title Suit
No. 24/2021.
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5. This appeal is admitted on the following substantial question of law :-
"(i) Whether the judgment and decree passed by the
learned first appellate court and also the judgment
and decree passed by the learned trial court is
perverse for non-consideration of the protections,
which are entiled by the appellant/plaintiff under
the Assam (Temporarily Settled Areas) Tenancy Act,
1971 inasmuch as the respondents/defendants admitted
that the appellant/plaintiff as adhiar of the suit
land?"
6. The court may also frame further substantial question of law if found
necessary at the time of hearing after giving notice to the parties.
7. Let notice be issued to the respondents, within a week from today,
returnable in 4 weeks, by registered post with A/D and also by usual process.
8. The Registry shall call for the records from the learned trial court as
well as from the learned first appellate court.
9. List the matter after 4 (four) weeks.
JUDGE
Comparing Assistant
