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2006 Supreme(Gau) 137

H.N.SARMA
Manmatha Rajan Tribedi – Appellant
Versus
Gopal Krishna T. E. Co. (P. ) Ltd. – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: A.C. Sarma, A. Deb, P. Charkraborty and K. Pathak, Advs.
For Respondents/Defendant: G.N. Sahewalla, A.K. Goswami, P. Bora, A. Alam and D. Senapati, Advs.

JUDGMENT

H.N. Sarma, J.

1. This Second Appeal is filed by the plaintiff/appellant challenging the judgment and decree passed by the learned Civil Judge (Senior) Division, Morigaon in Title Appeal No. 3/2001, dated 5.9.2001 reversing the judgment and decree passed by the learned Civil Judge (Junior) Division No. 1, Morigaon in Title Suit No. 27/93 on 31.3.2001 by which the learned trial court decree the suit against the defendant/ respondents.

2. The pleaded case of the plaintiff/appellant, inter alia, is that 4(four) plots of land measuring 3 Bighas covered by Dag No. 219, P.O. No. 6, 4B-1K covered by Dag No. 198 of P.P. No. 8, 4K-4L, covered by Dag No. 229 of P.P. No. 7 and 2B-0K covered by Dag No. 217 of P.P. No. 5 in total 10 bighas, 15 lechas of land situated at No. 2, Neili Bagisha under Uttar Khola Mouza, in the district of Morigaon is owned and possessed by the plaintiff, which is fully described in the schedule of the plaint. The plaintiff, purchased an area of land measuring 3 Bighas (in Dag No. 219) from one Dwarcharan Namsudra, and an area of land measuring 4B-1K (Dag No. 198) from one Biseswar Biswas by executing two registered sale deeds, being sale deed 715/88-89 and 109


































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