Gauhati High Court

Bijoy Tumung vs Niren Choudhury 5 Ors on 9 May, 2025

                                                                     Page No.# 1/3

GAHC010047882025




                                                              undefined

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

                            Case No. : RFA/18/2025

         BIJOY TUMUNG
         S/O LATE BISTU @ BISHNU TUMUNG, R/O KHEPINIJAL, LAKHRA, P.S.
         GARCHUK, P.O. SAUKUCHI, GUWAHATI 781040, DIST. KAMRUP (M),
         ASSAM.



         VERSUS

         NIREN CHOUDHURY 5 ORS
         S/O LATE DEBEN CHOUDHURY, R/O VILL. NIZ MODERTOLA (OUTAL
         JALIMURA), P.O. BAIHATA PIN 781380, P.S. KAMALPUR, DIST. KAMRUP,
         ASSAM.

         2:SARUBALA CHOUDHURY

          W/O LATE DEBEN CHOUDHURY
          R/O VILL. NIZ MODERTOLA (OUTAL JALIMURA) P.O. BAIHATA
          PIN 781380
          P.S. KAMALPUR
          DIST. KAMRUP
          ASSAM.

         3:NITUL CHOUDHURY

          S/O LATE DEBEN CHOUDHURY R/O VILL. NIZ MODERTOLA (OUTAL
         JALIMURA) P.O. BAIHATA
          PIN 781380
          P.S. KAMALPUR
          DIST. KAMRUP
          ASSAM.

         4:DIPU CHOUDHURY
                                                                                      Page No.# 2/3

             D/O LATE DEBEN CHOUDHURY
             R/O VILL. NIZ MODERTOLA (OUTAL JALIMURA) P.O. BAIHATA
             PIN 781380
             P.S. KAMALPUR
             DIST. KAMRUP
             ASSAM.

            5:JINU CHOUDHURY

             D/O LATE DEBEN CHOUDHURY
             R/O VILL. NIZ MODERTOLA (OUTAL JALIMURA) P.O. BAIHATA
             PIN 781380
             P.S. KAMALPUR
             DIST. KAMRUP
             ASSAM.

            6:NAMITA CHOUDHURY

             W/O NIREN CHOUDHURY
             R/O VILL.NIZ MODERTOLA (OUTAL JALIMURA)
             P.O. BAIHATA
             PIN 781380
             P.S. KAMALPUR
             DIST. KAMRUP
             ASSAM

Advocate for the Petitioner   : MR. H C SARMA,

Advocate for the Respondent : ,




                                  BEFORE
               HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

                                            ORDER

Date : 09/05/2025

Heard Mr. H C Sarma, learned counsel for the appellant, Sri Bijoy Tumung, who has filed this appeal under Section 96 of the C.P.C. against the judgment and decree dated 18.11.2024 passed by the learned Civil Judge (Senior Division), Kamrup, Amingaon in connection with Title Suit No. 234/2023.

2. Vide order dated 04.04.2025, this matter was listed to enable the learned counsel for the Page No.# 3/3

appellant to satisfy this Court if an appeal and not a revision will lie against the judgment and decree so passed by the learned Trial Court.

3. It is submitted on behalf of the appellant that the original T.S. No. 234/2023 was for specific performance of contract and for permanent injunction which is under Section 10 of the Specific Relief Act, 1963 and not under Section 6 of the Specific Relief Act, 1963 (the Act of 1963, for short).

4. This appeal is not barred as per Section 6(3) of the Act of 1963.

5. It is submitted that Bijoy Tumung, plaintiff/appellant brought up a title suit against the respondents with prayer for specific performance of contract dated 16.12.2020 directing the defendant No. 1 to execute the final sale deed in favour of the plaintiff in respect of the suit land by receiving the balance amount.

6. I have considered the submission of the learned counsel for the appellant, who has submitted that the aforementioned title suit was under Section 10 of the Specific Relief Act. It appears that appeal and not revision lies against the judgment and decree so passed by the learned Trial Court in T.S. No. 234/2023.

7. The petitioner may take steps to issue notice to the respondents as per the usual process, returnable within 4 (four) weeks.

8. List accordingly.

JUDGE

Comparing Assistant