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1977 Supreme(Gau) 15

M.SADANANDASWAMY, BAHARUL ISLAM, D.PATHAK, K.LAHIRL, N.IBOTOMBI SINGH
Tazmul Ali and others – Appellant
Versus
Md. Ulairaja – Respondent


Advocates Appeared:
B.K. Das, C.R. De

Judgement

SADANANDASWAMY, J. :-

The petitioners brought a suit for a declaration that the final decree passed in Title Suit No. 12 of 1968 in the Court of the District Judge, Cachar is void and inoperative. They alleged that the appointment of the Amin Commissioner and apportionment of shares were all done behind their back, that the final decree for partition has not been engrossed on proper stamp paper and therefore not existent in the eye of law and inoperative. The suit was numbered as Title Suit No. 35 of 1970 in the Court of the Assistant District Judge, Cachar, Silchar. The petitioners prayed for an ad interim injunction against the defendants restraining them from executing the said decree. The defendants filed their objections. The learned Assistant District Judge heard both the parties and came to the conclusion that there was no valid and proper final decree in Title Suit No. 12 of 1968 as it was not drawn up on the requisite stamp paper. He held that the petitioners have established a prima facie case and are entitled to an injunction and that irreparable injury would be caused to them if the decree is allowed to be executed. He also held that great inconvenience would be

























































































































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