CHANDRAMAULI KR.PRASAD, PINAKI CHANDRA GHOSE
Union of India – Appellant
Versus
Robert Zomawia Street – Respondent
Judgment :
Chandramauli Kr. Prasad, J.–
1. Defendants are the petitioners before us and they are aggrieved by the judgment and decree dated 16th of December, 2011 of the High Court of Guwahati in Second Appeal No. 1 of 2010, reversing the judgment and decree of affirmance and granting permanent injunction restraining the Defendants-petitioners from interfering with the possession and title of the Plaintiff-Respondent over Bungalow No. 18, hereinafter referred to as "the suit land".
2. According to the Plaintiff, the suit land comprises Bungalow No. 18, lying on a plot measuring 4.261 acres within the Shillong Military Cantonment area. Plaintiff claims to be the absolute owner thereof on the basis of a Will dated 6th of December, 1980 executed by Late St. John Perry. The probate of the Will was granted by the District Judge, Shillong by an order dated 26th of June, 1987 and, according to the plaintiff, it had become final as no appeal was preferred against the said order. On the basis of the aforesaid order, the Plaintiff approached Defendant No. 2, D.E.O., Guwahati Circle for mutation of the suit land in his name in the General Land Register (for short "GLR"). Plaintiff was asked t
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