Kamala Kanta Bhattachrjee vs Kusum Devi And 12 Ors
2025 Latest Caselaw 8782 Gua

Gauhati High Court

Kamala Kanta Bhattachrjee vs Kusum Devi And 12 Ors on 21 November, 2025

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GAHC010264462023




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

                           Case No. : RSA/22/2025

         KAMALA KANTA BHATTACHRJEE
         S/O LATE RAMA KANTA BHATTACHARJEE, RESIDENT OF VILLAGE AND
         PO JANIGOG, MOUZA BAHJANI, PS AND DIST NALBARI, ASSAM



         VERSUS

         KUSUM DEVI AND 12 ORS
         W/O SRI KAMALA KANTA BHATTACHARJEE, RESIDENT OF BALIKARIA
         (SARUSATAR CHUPA) PO BALIKARIA, MOUZA BATAHGILA, PS AND DIST
         NALBARI

         2:SRI ROHINI KANTA BHATTACHARJEE @ ROHINI KUMAR
         BHATTACHARJEE
          S/O LATE RAMA KANTA BHATTACHARJEE
          RESIDENT OF VILLAGE BALIKARIA
          PO BALIKARIA
          MOUZA BATAHGILA
          PS AND DIST NALBARI


         3:SRI MADHAB BARMAN
          S/O LATE BHEBO RAM BARMAN RESIDENT OF VILLAGE BALIKARIA
          PO BALIKARIA
          MOUZA BATAHGILA
          PS AND DIST NALBARI


         4:SRI KARUNA BARMAN
          S/O LATE BHEBO RAM BARMAN RESIDENT OF VILLAGE BALIKARIA
          PO BALIKARIA
          MOUZA BATAHGILA
          PS AND DIST NALBARI
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5:SRI RAJAT BARMAN
 S/O LATE BHEBO RAM BARMAN RESIDENT OF VILLAGE BALIKARIA
 PO BALIKARIA
 MOUZA BATAHGILA
 PS AND DIST NALBARI


6:SRI SUNIL DEKA
 S/O LATE DEBENDRA PRASAD DEKA
 RESIDENT OF VILLAGE BALIKARIA
 PO BALIKARIA
 MOUZA BATAHGILA
 PS AND DIST NALBARI


7:RENU DEKA
W/O LATE DEBENDRA PRASAD DEKA
 RESIDENT OF VILLAGE BALIKARIA
 PO BALIKARIA
 MOUZA BATAHGILA
 PS AND DIST NALBARI


8:SRI JOYDEV BARMAN
 S/O SRI HANGSHA RAM BARMAN RESIDENT OF VILLAGE BALIKARIA
 PO BALIKARIA
 MOUZA BATAHGILA
 PS AND DIST NALBARI


9:SRI NIROD CHOUDHURY
 S/O LATE GANGADHAR CHOUDHURY RESIDENT OF VILLAGE CHAMATA
 MOUZA DHARMAPUR
 PS BELSOR
 DIST NALBARI

10:KARUNA KANTA SARMA
 S/O SRI GANGADHAR SARMA RESIDENT OF VILLAGE BALIKARIA
 PO BALIKARIA
 MOUZA BATAHGILA
 PS AND DIST NALBARI


11:SRI SUBAL KRISHNA CHAKRABORTY
 S/O SRI GANGADHAR SARMA RESIDENT OF VILLAGE BALIKARIA
 PO BALIKARIA
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             MOUZA BATAHGILA
             PS AND DIST NALBARI


            12:SRI NIROD DEKA
             S/O SRI GANGADHAR SARMA RESIDENT OF VILLAGE BALIKARIA
             PO BALIKARIA
             MOUZA BATAHGILA
             PS AND DIST NALBARI

            13:SRI GIRISH CHANDRA BARMAN
             S/O SRI GANGADHAR SARMA RESIDENT OF VILLAGE BALIKARIA
             PO BALIKARIA
             MOUZA BATAHGILA
             PS AND DIST NALBAR

Advocate for the Petitioner   : MR. S MITRA, MR. R. RAMEEZ,MR A K BORO,MR S.MITRA

Advocate for the Respondent : MR. P P BORTHAKUR, PRIYANKU PRATIM PARASOR,MR. T
KALITA,MS IVY HUSSAIN




                                   BEFORE
                 HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                         ORDER

Date : 21.11.2025

1. Heard Mr. S. Mitra, the learned counsel for the petitioner. Also heard Mr. P. P. Borthakur, the learned counsel for the respondent.

2. This Regular Second Appeal under Section 100 of the Code of Civil Procedure 1908 has been preferred by the appellant, namely, Kamala Kanta Bhattacharjee, impugning the judgment and decree dated 28.07.2023 passed by the Court of learned Civil Judge, Nalbari in Title Appeal No. 4/2023 by which the appeal filed by the present respondent was partly allowed, by interfering in the judgment a decree dated 24.01.2021 passed by the learned Munsiff No. 1 Nalbari in Title Suit No. 120/2014 in as much as though the right, Page No.# 4/5

title and interest of the present appellant over Schedule-A property as declared by the court was upheld, however, the present appellant was restraint from evicting the respondent from Schedule-B property on the ground that she is entitled to share his house being the wife of the present appellant.

3. After considering the submission made by both sides and going through the materials available on record, following substantial question of law is hereby formulated in this appeal.

i. "Whether the First Appellate Court committed perversity in holding that the respondent No.1 is not liable to be evicted from Schedule-B land on the ground that she has a right on share household over the Schedule-B land, in as much as no proceeding under Protection of Women from Domestic Violence Act, 2005 was pending between the parties and the respondent No.1 again to be treated as an aggrieved person under the said Act in an appeal arising out of a title suit?

ii. Whether the First Appellate Court committed perversity in holding that the respondent No.1 has a right to reside over the Schedule-B property when there is no such residential house in the Schedule-B land?"

4. Since the learned counsel for the respondent has already Page No.# 5/5

appeared, no need to issue formal notice to the respondent.

5. The appeal is admitted.

6. Let the records of the First Appellate Court as well as the Trial Court be called for from the concerned courts.

7. The Registry to take steps for requisitioning the aforesaid records.

8. Let this matter be listed after four weeks on a date to be fixed by the Registry.

JUDGE

Comparing Assistant