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2019 Supreme(SC) 137

L.NAGESWARA RAO, M.R.SHAH
Tanu Ram Bora – Appellant
Versus
Promod Ch. Das (D) Through Lrs. – Respondent


Advocates Appeared:
For the Appellant : Ms. V. Mohana, Sr. Adv. Mr. Kaushik Choudhury, Adv. Mr. Pawanshree Agrawal, AOR.
For the Respondents: Mr. Vikash Singh, AOR.

Judgement Key Points

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JUDGMENT :

M.R. SHAH, J.

Leave granted.

2. Feeling aggrieved and dissatisfied by the impugned judgment and order dated 17.07.2015 passed by the High Court at Guwahati in R.S.A. No. 173/2003, by which the High Court has dismissed the said appeal preferred by the appellant herein/plaintiff and has confirmed the judgment and decree passed by the learned trial Court dismissing the suit, confirmed by the first appellate Court, the original plaintiff has preferred the present appeal.

3. The facts leading to the present appeal in nut and shell are as under:

3.1 That the appellant herein/original plaintiff (hereinafter referred to as the 'original plaintiff) purchased the suit land by a registered sale deed dated 06.01.1990 from Late Pranab Kumar Bora, husband of original defendant no. 2 and father of original defendant nos. 3 to 8. It appears that the suit land was declared as ceiling surplus land in the year 1988 and consequently the same was acquired by the Government. However, subsequently on 14.09.1990, the suit land was again declared ceiling free land. That thereafter, the original plaintiff mutated the land in his name vide order dated 18.12.1991 in Mutation Case No. 94/91-92, and accor































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