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1982 Supreme(Gau) 131

K.N.SAIKIA
Hasen Ali and Others – Appellant
Versus
Solimuddin S. K. and Another – Respondent


Advocates Appeared:
B.Sarma, P.M.Goswami, A.C.Sarma

This civil revision assails the order dated 9.6,81 passed by Munsiff No. 1, Dhubri in Title Suit No. 378/80 rejecting the peti­tioners' application to imp lead them in the suit as party defendants. The suit is between the respondent No. 1. Solimuddia SK, as plaintiff and the State of Assam, as the defendant for a decree directing the State of Assam to issue orders in favour of the plaintiff (respondent No. 1) for allowing them to cut and remove 26 Sal trees and for releasing 13 felled trees from the land under Khatian No. 102 of village Jaipur Part I under Bilasipara Circle on declaration that the said trees are the abso­lute properties of the plaintiff. The Khatian is in the name of the plaintiff-respondent No. 1 in respect of 17B. OK. 10 Lechas of land in Digs Nos. 238, 279, 334 and 336 and the aforesaid trees are on that land. The petitioners applied for their being imp-leaded as defendants on the ground that the land was khas land but under their possession, whereas the plaintiff-respondent No. 1, who obtained a khatian, was not in possession of that land and that he obtained the khatian by misrepresentation of facts. The learned Munsiff, after hearing both the sides, rejected





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