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2007 Supreme(Gau) 32

AFTAB H.SAIKIA
Ram Prasad Koiri – Appellant
Versus
Krishna Kumar Goala – Respondent


JUDGMENT

Aftab Hussain Saikia, J.

1. Heard learned Counsel for the parties.

2. The substantial questions of law so framed in this Second Appeal at the time of admission are as follows:

1. Whether the matter of cancellation of allotment certificate for violation of terms and conditions thereof being a matter within the purview of Sections 154(1)(s)(m) of the Assam Land and Revenue Regulation, 1886 the lower Court was justified in holding that the Civil Court had the jurisdiction to try the instant suit?

2. Whether in the facts and circumstances of the case, the jurisdiction of the Civil Court is barred under the provision of Section 154 of the Assam Land and Revenue Regulation, 1886?

3. Whether the lower appellate Court was legally correct in holding that the land of the plaintiff maintainable under the law?

3. The plaintiff/respondent herein instituted a title suit being T.S. No. 100/94 before the learned Munsiff No. 1, Hailakandi basically praying for a decree declaring that:

(a) the plaintiff was an unevictable raiyat in respect of suit land due to his possession over 100 years.

(b) the order passed by the defendant No. 3 i.e., Addl. Deputy Commissioner, Revenue, Hailakandi in Misc. Case





















































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