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2004 Supreme(Gau) 66

P.G.AGARWAL
Puspendra Das – Appellant
Versus
Binu Das – Respondent


Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff: P.K. Kalita, Adv.
For Respondents/Defendant: B.K. Sarma and T. Islam, Advs.

JUDGMENT

P.G. Agarwal, J.

1. This second appeal is directed against the judgment and decree dated 17.12.96 passed by the Assistant District Judge, Nagaon in Title Appeal No. 24/95.

2. At the time of admission of the appeal the following substantial questions of law were formulated:

1. Whether in spite of Ext. 1 and 2, the Defendants can claim possession over the suit land without any documents by right of alleged purchase.

2. Whether the learned lower appellate Court rightly interpreted Section 41of the Assam Land and Revenue Regulation.

3. Whether the learned lower appellate Court misinterpreted the provision of Section 34 of the Specific Relief Act under the facts and circumstances of the case.

4. Whether the suit is barred by limitation under Article 113 of the limitation Act.

3. The Plaintiff Puspendra Das and 4 others instituted the Title Suit No. 98/93 for declaration of right, title and interest and confirmation/recovery of possession in respect of the suit land measuring 1 bigha 4 kathas 3 lechas which is covered by Dag No. 230 of annual patta No. 18 fully described in Schedule 'A' to the plaint and hereinafter referred as the suit land.

4. The case of the Plaintiffs is that the sui





















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