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2006 Supreme(Gau) 1122

AMITAVA ROY
Bipin Chandra Kalita – Appellant
Versus
Sarama Kalita – Respondent


JUDGMENT

Amitava Roy, J.

1. The appellant-plaintiff being aggrieved by the judgment and order dated 23.11.2000, passed by the Civil Judge (Sr. Division) No. 2 Guwahati, in Title Appeal No. 24 of 1991, affirming the verdict of the learned Trial Court dismissing his Title Suit No. 68 of 1986, is in appeal.

2. I have heard Mr. B.K. Goswami, Senior Advocate assisted by Mr. P.K. Kalita, Advocate for the appellant-plaintiff and Mr. S. Medhi, Advocate assisted by Mr. S. Baruah, Advocate for the respondent No. 1 to 4-defendants. The name of the proforma respondent No. 5 had been struck of in terms of the order of this Court.

3. The pleaded version of the appellant-plaintiff in short, is that Ratan Kalita and Jurai Kalita (both deceased) were brothers owning and possessing separately in equal shares land measuring 1 Bigha 1 Katha 8 Lechas covered by Dag No. 711 (new)/463 (old) of K.P Patta No. 178 (new)/103 (old) in village Sualkuchi under Pub Bongsor Mauza in the district of Kamrup described in Schedule-B to the plaint. In or about the year 1956 half portion of the said land owned and possessed by Ratan Kalita, was acquired by the Electricity Department for which compensation was also granted.





































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