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2014 Supreme(Gau) 120

N.CHAUDHURY
ON THE DEATH OF BINOY BHUSAN CHOUDHURY HIS LEGAL HEIRS MIRA CHOUDHURY – Appellant
Versus
REKHA RANI DEB – Respondent


Advocates Appeared:
For the Appellants : Mr. B.C. Das, Mr. B.K. Purkayastha, Mr. S. Roy ……learned counsel for the appellants
For the Respondents:Mr. N. Dhar, Mr. P. Dutta, Mr. D.R. Choudhury----learned counsel for the respondents

JUDGMENT & ORDER (ORAL)


This second appeal is preferred against the lower appellate judgment and decree dated 14.02.2003 passed by the learned District Judge, Cachar at Silchar in Title Appeal No. 5 of 1998 whereby the trial Court’s judgment and decree dated 18.05.1998 passed by the learned Civil Judge (Senior Division No. 2) Silchar in Title Suit No. 90/1988 was set aside and reversed thereby dismissing the suit of the plaintiffs.

2. One Nabendu Bikash Deb claiming to be next friend of the plaintiff, Bidhan Bhusan Choudhury and describing said Bidhan Bhushan Choudhury as an insane filed Title Suit on his behalf praying for a decree for declaration of right, title and interest and permission of possession over a plot of land measuring 15 kathas 1 chatak 17 gondas under Dag Nos. 370 of second R.S. Patta No. 120 as well as Dag No. 369 of second R.S. Patta No. 199 of Mouja Ambicapur Part IX of Silchar Town and also for cancellation of a registered sale deed No. 3518 dated 18.09.1987 and a registered Power of Attorney No. 277 dated 26.07.1987. The case of the plaintiff was that plaintiff originally owned and possessed about 2 bighas 9 kathas 9 chataks and 8 gondas of land in the afores









































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