Sri Pran Gopal Singha vs Sri Palak Deb
2025 Latest Caselaw 4564 Gua

Gauhati High Court

Sri Pran Gopal Singha vs Sri Palak Deb on 27 March, 2025

Author: Devashis Baruah

Bench: Devashis Baruah

                                                                      Page No.# 1/8

GAHC010026092015




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

                                  Case No. : RSA/241/2015

           SRI PRAN GOPAL SINGHA
           S/O LATE BROJESHWAR SINGHA, R/O NATIONAL HIGHWAY, WARD NO. 19
           SMB PH-BARAKPAR, P.O. SILCHAR-1, P.S. SILCHAR, DIST. CACHAR,
           ASSAM.



           VERSUS

           SRI PALAK DEB
           S/O PAWAN KUMAR DEB, R/O NATIONAL HIGHWAY, WARD NO. 19 SMB ,
           PH-BARAKPAR, P.O. SILCHAR-1, P.S. SILCHAR, DIST. CACHAR, ASSAM.



Advocate for the Petitioner : MR.S C KEYAL, MR B DEORI,MR G BHARADWAJ,MR. A C
SARMA,MR A B DEY,MS.G SARMAH,MRB KAUSHIK,MS.P BARUAH

Advocate for the Respondent : MR. S K GHOSH, MS F AHMED,,,




           Linked Case : I.A.(Civil)/397/2018

           PRAN GOPAL SINGHA
           S/O- LT BROJESHWAR SINGHA
           R/O- NATIONAL HIGHWAY
           WARD NO. 19
           SMB
           PH- BARAKPAR
           P.O. SILCHAR-1
           P.S. SILCHAR
                                          Page No.# 2/8

DIST- CACHAR (ASSAM)


VERSUS

PALAK DEB
S/O- PAWAN KUMAR DEB
 R/O- NATIONAL HIGHWAY
WARD NO. 19
 SMB
 PH- BARAKPAR
 P.O. SILCHAR
 P.S. SILCHAR
 DIST- CACHAR (ASSAM)


------------
Advocate for : MR. S C KEYAL
Advocate for : appearing for PALAK DEB



Linked Case : I.A.(Civil)/2160/2022

SRI PALAK DEB
S/O PAWAN KUMAR DEB
R/O NATIONAL HIGHWAY
WARD NO. 19 SMB
PH-BARAKPAR
P.O. AND P.S. SILCHAR
DIST. CACHAR
ASSAM
PIN 788012.


VERSUS

SRI PRAN GOPAL SINGHA.
S/O LATE BROJESHWAR SINGHA
R/O NATIONAL HIGHWAY
WARD NO. 19 SMB PH-BARAKPAR
P.O. AND P.S. SILCHAR
DIST. CACHAR
ASSAM.
                                                               Page No.# 3/8



For the appellant (s)   : Mr. A. C. Sharma, Sr. Advocate
                            Mr. A. B. Dey, Advocate

For the respondent (s) : MR. S. K. Ghosh, Advocate

                                BEFORE
                 HON'BLE MR. JUSTICE DEVASHIS BARUAH
                               ORDER

27.03.2025

Heard Mr. A. C. Sarma, the learned senior counsel assisted by Mr. A. B. Dey, the learned counsel appearing on behalf of the appellant and Mr. S. K. Ghosh, the learned counsel appearing on behalf of the respondent.

2. The present Appeal challenges the judgment and decree dated 20.09.2014 passed by the Court of the learned Civil Judge No.1, Cachar, Silchar in Title Appeal No.57/2013 (for short 'the learned Trial Court') whereby the Appeal was allowed thereby setting aside the judgment and decree dated 10.10.2013 passed in Title Suit No.52/2009 by the Court of the learned Munsiff No.3, Cachar, Silchar (hereinafter referred to as 'the learned Trial Court').

3. It is seen from the records that the Coordinate Bench of this Court vide an order dated 29.11.2017 had admitted the instant Appeal by formulating a substantial question of law which reads Page No.# 4/8

as under:-

"Whether the vendor of the respondent/plaintiff while granting a path on the northern side of the land sold vide Exhibit-1 has the right to include the land already sold to the respondent/plaintiff in order to form a 15' wide path?"

4. From a reading of the above quoted substantial question of law so formulated, it transpires that the question which this Court is required to decide is as to whether the vendor of the plaintiff while granting a path on the northern side of the land sold vide Exhibit-1, the land previously sold to the defendant in order to form a 15 ft wide path.

5. This Court while conducting the hearing on the above substantial question of law had perused Exhibit-1 which is a Registered Deed of Sale bearing Deed No.2421 dated 04.07.2003 whereby one Azizur Rahman Laskar had transferred a plot of land admeasuring 4 Kathas 8 Chatak to the plaintiff as well as Exhibit-A which is the registered Deed of Sale bearing Deed No.1699 dated 12.05.2003 whereby the same vendor i.e. Azizur Rahman Laskar sold a plot of land admeasuring 3 Kathas 8 Chataks to the defendant. The boundary of Exhibit-1 is shown herein under:-

      North:     15 ft road
                                                                 Page No.# 5/8

           South:     land of Smt. Nireswari Singha

           East:      Ratna Chakraborty and path

           West:      Drain and land of same Dag

On the other hand, the boundary of Exhibit-A is shown herein under:-

           North:     Land of Shasanka Pan Tanti

           South:     Residing land of vendor

           East:      12 ft Road

           West:      Longai Khal

6. From the above two Deeds of Sale which have been exhibited as Exhibit-1 and Exhibit-A it is seen that the dispute in question is primarily a boundary dispute between the plaintiff and the defendant. It is well settled that when there is a boundary dispute in a suit, the learned Trial Court is required to ascertain the exact boundaries by issuance of a Commission under Order XXVI Rule 9 of the Code of Civil Procedure, 1908 (for short, 'the Code'). However, neither the learned Trial Court nor the learned First Appellate Court had exercised its jurisdiction in that regard.

7. This Court also finds it relevant to take note of that the substantial question of law so framed cannot also be decided without ascertaining the exact boundaries in terms with Exhibit-1 Page No.# 6/8

and Exhibit-A.

8. This Court further takes note of that the Appellant herein had also filed an Application under Order XXVI Rule 9 of the Code for appointment of a Commissioner to ascertain the exact boundaries in terms with Exhibit-1 and Exhibit-A. The said application is registered as I.A.(C) No.852/2025. The plaintiff who is the respondent herein does not oppose the said application. Be that as it may, taking into consideration that the present proceedings is a proceedings under Section 100 of the Code and if a report is submitted, there may arise a challenge to report which require cross-examination etc., it is the opinion of this Court that the appeal requires to be remanded back to the learned First Appellate Court which Court can call for a report by appointing an Amin Commission.

9. This Court for the purpose of deciding the substantial question of law formulated is of the opinion that the following additional issue is required to be decided:

Whether the defendant who is the owner of the land described in Exhibit-A has trespassed into the land of the plaintiff as described in Exhibit-1 including the 15 ft road as described in Schedule-II to the plaint?

10. The above issue, in the opinion of this Court, cannot be Page No.# 7/8

decided without a report of the Amin Commission.

11. Accordingly, this Court exercising the powers under Order XLI Rule 25 of the Code refers the said Issue to the learned First Appellate Court, i.e. the Court of the learned Civil Judge No.1, Cachar, Silchar and further directs the First Appellate Court to appoint an Amin Commissioner in terms with Order XXVI Rule 9 of the Code and thereupon decide the Additional Issue and return the evidence to this Court together with its findings and the reasons therefore within a period of 6(six) months from the date of receipt of the records by the learned First Appellate Court.

12. The parties herein who are duly represented are directed to appear before the learned First Appellate Court on 02.06.2025. It is made clear that the learned First Appellate Court shall decide the said Additional Issue so framed herein on the basis of the evidence already on record and the Amin Commissioner's report along with the cross-examination of the Amin Commissioner (if any). There shall be no further evidence led by any of the parties.

13. The Registry is directed to send the LCR(s) along with a copy of the instant order to the learned First Appellate Court forthwith ensuring that by 02.06.2025, the learned First Appellate Court is Page No.# 8/8

in possession of the LCR(s).

14. This Court further observes that the learned First Appellate Court upon rendering decision in Additional Issue so framed shall return the evidence along with its findings and reasons therefore to this Court within 6(six) months from the date of receipt of the records.

15. The Registry shall place the matter before this Court immediately upon receipt of the evidence along with its findings and reasons from the learned First Appellate Court as directed herein above.

JUDGE

Comparing Assistant