Page No.# 1/2 vs Dharani Boro And Anr
2025 Latest Caselaw 4993 Gua

Gauhati High Court

Page No.# 1/2 vs Dharani Boro And Anr on 26 May, 2025

Author: Devashis Baruah

Bench: Devashis Baruah

                                                                       Page No.# 1/2

GAHC010076102025




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

                                Case No. : RSA/46/2025

           SIDDHESWAR KHERKETARY
           MOUZA-BIJNI, P.O. AND P.S. SALBARI, DIST. BAKSA, ASSAM.

           2: DHANESWAR KHERKETARY

            MOUZA BIJNI
            P.O. AND P.S. SALBARI
            DIST. BAKSA
            ASSAM

           VERSUS

           DHARANI BORO AND ANR
           S/O LATE BARATI BORO, R/O VILL. SIMLIGURI, P. MOUZA BIJNI, P.O. AND
           P.S. SALBARI, DIST. BAKSA, ASSAM.

           2:KAMAL CH BORO
            S/O LATE ANDO BORO
            R/O VILL. SIMLIGURI
            P. MOUZA BIJNI
            P.O. AND P.S. SALBARI
            DIST. BAKSA
           ASSAM

  For the Appellant(s)        : Mr. N. Barman, Advocate

For the Respondent(s)         : Mr. S. Das, Advocate




                                  BEFORE
                   HONOURABLE MR. JUSTICE DEVASHIS BARUAH
                                                                        Page No.# 2/2


                                       ORDER

Date : 26.05.2025

Heard Mr. N. Barman, the learned counsel appearing on behalf of the appellant. Mr. S. Das, the learned counsel appears on behalf of the respondents.

2. This is an appeal filed under Section 100 of the Code of Civil Procedure, 1908 challenging the judgment and decree dated 06.02.2025 passed in Title Appeal No. 07/2024 by the learned Court of the Civil Judge (Senior Division), Baksa at Mushalpur.

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

Whether the learned First Appellate Court was justified in decreeing the suit in favour of the plaintiffs in respect to the Schedule B and Schedule C land, merely, on the basis of certified copies of the Jamabandis which are record of rights and not documents of title?

4. Call for the records.

5. As the respondents are duly represented by Mr. S. Das, the learned counsel, extra copy of the memo of appeal be served upon him within 2 (two) days.

6. List the matter after receipt of the records.

JUDGE

Comparing Assistant