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2006 Supreme(Gau) 382

H.N.SARMA
Dayal Hari Paul – Appellant
Versus
Pradip Kumar Lahkar – Respondent


Advocates:
Advocate Appeared
For Appellant/Petitioner/Plaintiff: A.R. Benarjee and B. Choudhury, Advs.
For Respondents/Defendant: P.K. Kalita, Adv.

ORDER

H.N. Sarma, J.

1. This revision petition is directed against the judgment and decree dated 12-10-2001 passed in title Appeal No. 5/96 passed by the learned Civil Judge (Senior Division) No. 2, Guwahati, reversing the judgment and decree dated 6-11-1995 passed by the Munsiff, Rangia, in Title Suit No. 22/88 dismissing the suit of the plaintiffs/respondents.

2. I have heard Mr. A.R. Benarjee, learned senior counsel for defendant/petitioners assisted by Ms. B. Choudhury, learned Counsel and Mr. P.K. Kalita, learned Counsel for the plaintiffs.

3. In order to properly appreciate the contentions raised by the learned Counsel for the parties, a brief discussion of relevant facts is necessary.

The plaintiffs/respondents filed a Title Suit No. 130/76 in the Court of Sadar Munsiff, Guwahati against the predecessor in interest. After the death of the original defendants Sri Radheshyam Paul, the names of the present petitioners were substituted by the Trial Court vide order dated 18-5-1985. The plaint so filed by the plaintiffs was amended and as per the amended plaint, it is alleged that the plaintiffs are the sole owners of the suit property mentioned in Schedule-A to the plaint and the def































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