[Cites 4, Cited by 0]
Gauhati High Court
Page No.# 1/7 vs Sri Sri Bijoy Krishna Sadhan Ashram ... on 28 November, 2025
Author: Parthivjyoti Saikia
Bench: Parthivjyoti Saikia
Page No.# 1/7
GAHC010258442025
undefined
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : RSA/205/2025
SHRI SURENDRA KUMAR BAXI AND 5 ORS
SON OFLATE BONOWARILAL BAXI, RESIDENT OF EASTBAZAR, WARD
NO. 21, KARIMGANJ TOWN,P.O., P.S. DIST - KARIMGANJ.
2: SMT. SHOVA DEVI BAXI
W/O SHRI SURENDRA KUMAR BAXI
R/O EAST BAZAR
WARD NO. 21
KARIMGANJ TOWN
P.O.
P.S. AND DIST. KARIMGANJ.
3: SHRI KESHARI CHAND BHURA
LATE DWIP CHAND BHURA
R/O EAST BAZAR
WARD O. 21
KARIMGANJ TOWN
P.O.
P.S. AND DIST. KARIMGANJ.
4: RAJENDRA KUMAR BHURA
KISHANILAL BHURA
R/O EAST BAZAR
WARD NO. 21
KARIMGANJ TOWN
P.O.
P.S. AND DIST. KARIMGANJ.
5: SANDIP KUMAR BHURA
S/O CHAND BHURA
Page No.# 2/7
R/O EAST BAZAR
WARD NO. 21
KARIMGANJ TOWN
P.O
P.S. AND DIST. DIST. KARIMGANJ.
6: SANJOY KUMAR BHURA
S/O KESHARI CHAND BHURA
R/O EAST BAZAR
WARD NO. 21
KARIMGANJ TOWN
P.O.
P..S. AND DIST. KARIMGANJ
VERSUS
SRI SRI BIJOY KRISHNA SADHAN ASHRAM TRUST AND 21 ORS
P.O. NARENDRAPUR 24 PARGANAS (SOUTH), WEST BENGAL, PIN 743508,
REPRESENTED BY AMAL KANTI RAHA, AGED 86 YEARS, S/O LATE
ANANTA KUMAR RAHA, PRESIDENT OF AFORESAID TRUST, RESIDING AT
KAMAKHYA COLONY, NIZARAPARA, GUWAHATI 781012
2:AMAL KANTI RAHA
S/O LATE ANANTA KUMAR RAHA
RESIDING AT KAMAKHYA COLONY
NIZARAPARA
GUWAHATI 781012
MEMBER OF THE SRI SRI BIJOY KRISHNA SADHAN ASHRAM TRUST.
3:THE DEPUTY COMMISSIONER
KARIMGANJ
P.O.
P.S. AND DIST. KARIMGANJ.
4:THE SETTLEMENT OFFICER
KARIMGANJ
P.O
P.S. AND DIST. KARIMGANJ.
5:THE CIRCLE OFFICER
NILAMBAZAR
P.O. NILAMBAZAR
P.S. AND DIST. KARIMGANJ.
Page No.# 3/7
6:THE STATE OF ASSAM
ASSAM
7:HIRALAL BAXI (STRUCK OFF VIDE ORDER 15.12.2022)
S/O LATE BONOWARILA BAXI
R/O EAST BAZAR
WARD NO. 21
KARIMGANJ TOWN
P.O.
P.S. AND DIST. KARIMGANJ.
8:SMT. SHANTA DEVI BAXI
W/O HIRALAL BAXI
R/O EAST BAZAR
WARD NO. 21
KARIMGANJ TOWN
P.O.
P.S. AND DIST. KARIMGANJ.
9:DURGADAS SARMA
ADVOCATE
A/O LATE BIPIN BEHARI SARMA
R/O RAMKRISHNA MISSION ROAD
WARD NO. 12
KARIMGANJ TOWN
P.O. AND DIST. KARIMGANJ.
10:PRI KHASIA
S/O LATE PRING KHASIA
VILL. GHOGRAKHONA
P.S. AND DIST. KARIMGANJ.
11:STANLY KHASIA
S/O LATE UPRI KHASIA
VILL. GHOGRAKHONA
P.S. AND DIST. KARIMGANJ.
12:BALSAL KHASIA
S/O LATE PRING KHASIA
VILL. KABAL PUNJI
PARGONA RAFINAGAR
P.S. AND DIST. KARIMGANJ.
Page No.# 4/7
13:KUYE KHASIA
W/O KIN KHASIA
VILL. KABAL PUNJI
PARGONA RAFINAGAR
P.S. AND DIST. KARIMGANJ.
14:ABHIJIT SINGH
S/O LATE BINODE CHANDRA SINGH
R/O GACHKALIBARI ROAD
KARIMGANJ
P.O.
P.S. AND DIST. KARIMGANJ.
15:PRAVASH DASGUPTA
S/O LATE SATISH CHANDRA DASGUPTA
R/O AZAD NAGAR ROAD
KARIMGANJ
P.O.
P.S. DIST. KARIMGANJ.
16:SUKUMAR DAS
S/O LATE SISIR CHANDRA DAS
R/O GACHKALIBARI ROAD
KARIMGANJ
P.O.
P.S. AND DIST. KARIMGANJ.
17:BIMAN BEHARI SINGH
S/O LATE BINODE CHANDRA SINGH
R/O GACHKALIBARI ROAD
KARIMGANJ
P.O.
P.S. AND DIST. KARIMGANJ.
18:SMT. KALPANA MAZUMDAR
W/O NIRMAL KANTI MAZUMDAR
R/O GACHKALIBARI ROAD
KARIMGANJ
P.O.
P.S. AND DIST. KARIMGANJ.
19:CHHAD UDDIN @ LALU MIA
Page No.# 5/7
S/O LATE WARIS ALI
VILL. DALGRAM
P.S. AND DIST. KARIMGANJ.
20:SABITA RANJAN ROY @ SWAPAN ROY
S/O LATE RAJANI MOHAN ROY
R/O 171 /2A
RASH BEHARI AVENUE
KOLKATA 19
21:SMT. ARATI ROY
W/O SWAPAN ROY
R/O 1712A
RASH BEHARI AVENUE
KOLKATA 19
22:MOON MOON TEA CORPORATION @ MOON MOON TEA CO. PVT. LTD.
HAVING ITS REGISTERED OFFICE AT 171/2A RASH BEHARI AVENUE
KOLKATA 1
Advocate for the Petitioner : MR G N SAHEWALLA, MS K SARMA,MS K
BHATTACHARYYA,MS. S. TODI,MR M SAHEWALLA
Advocate for the Respondent : GA, ASSAM,
BEFORE
HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA
ORDER
Date : 28.11.2025
Heard Mr. G. N. Sahewalla, learned Senior Counsel assisted by Ms. S. Agarwal,
learned counsel for the appellants. Also heard Mr. T. R. Gogoi, learned Government
Advocate for the State of Assam appearing on behalf of the respondent Nos. 3 to 6.
The Regular Second Appeal is admitted for hearing upon the following seven
substantial questions of law:
i. Whether the Judgment and order dated 18.08.2025 passed by the
First Appellate Court in T.A. No. 21 of 2018 reversing the judgment of the trial court is in
Page No.# 6/7
accordance with the provisions of Order XLI Rule 31 of the Code of Civil Procedure, 1908?
ii. Whether the judgment and order dated 18.08.2025 passed by the
Learned First Appellate Court is perverse inasmuch as, the Learned First Appellate Court had
failed to consider the pleadings, evidence, and documents on record filed by the defendants
more specifically while making an observation in Paragraph 76 of the Judgment dated
18.08.2025 wherein it has been stated that the respondents/plaintiffs have failed to prove
ownership and possession of the land?
iii. Whether the findings of the Learned Courts below on issue no.1 are
perverse, inasmuch as, it failed to consider Exhibits AND document as well as Exhibits 1 & 2
(the purchase deed in favour of Srimat Swami Paramananda Saraswati), which do not
comprise the suit land and as such, the finding of the Appellate Court passed in T.A. No. 21 of
2018 dated 18.08.2025 failed to consider the cross appeal filed by the appellants on this
issue?
iv. Whether the Learned First Appellate Court failed to consider the
prayers in the plaint as well as the Judgment and Order dated 12.11.2018 passed by the
Hon'ble Gauhati High Court in WP(C) No. 4463/2010 wherein the Judgment passed by the
Assam Board of Revenue dated 08.04.2010 in Appeal Case 130 RA(KJ) /08, (Exhibit 9) was
set aside and quashed whereby court relied in the judgment of Board of Revenue for the
purpose of limitation?
v. Whether the decision of the Learned First Appellate Court on the point
of Limitation is perverse in failing to consider the sale deeds in favour of the appellants /
defendants and other relevant facts, including the decree dated 20.03.1977 passed in T.S. No.
24/1977, as well as other sale deeds mentioned in Annexure A to the plaint whereas the
plaint reveals that the Cause of Action arose on and from 02.01.2010 whereas the prayer was
to declare that the Agreement / Sulenama dated 30.04.1979 filed in T.S. 24/1977 as the order
of the same date is not binding on the plaintiff and for quashing of the mutation order dated
11.10.1991 in Misc Case No. 29/1991 as well as the order dated 01.09.1997 passed in Misc
Case 57/1997 as well as without declaration and cancellation of various sale deeds which are
from the year 1956 onwards?
vi. Whether the judgment dated 18.08.2025 passed in T.A. No. 21 of 2018
by the Learned First Appellate Court is perverse as the alleged transfer of land purchased by
Page No.# 7/7
Srimat Swami Paramananda Saraswati is in the name of the trust, by the alleged
Nirdeshnama without a registered document to be executed in the land of Assam as per the
Transfer of Property (Assam Amendment) Act, 1970, which states that such a document must
be registered within the State of Assam is valid?
vii. Whether the description of the suit land, stated to be 90.2 acres of land
under various Taluq Nos., can be said to be a proper description of the suit land, and whether
the Judgment dated 18.08.2025 passed by the Learned First Learned Appellate Court in T.A.
No. 21 of 2018 is perverse in not considering the same as well as the Judgment dated
29.03.2018 in T.S. 85 of 2010 passed by the Trial Court?
The appellants shall be at liberty to raise any other substantial question of law
at the time of hearing.
Issue notice.
No formal notice is required to be sent to the respondent Nos.3 to 6 as because
Mr. Gogoi has accepted notice.
Extra copy of the memo of appeal shall be provided to him.
The appellants shall take steps for service of notice upon the remaining
respondents by speed post.
Call for the Trial Court record.
List this matter after 4 (four) weeks.
JUDGE
Comparing Assistant
