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1987 Supreme(Gau) 3

K.N.SAIKIA, J.SANGMA
On The Death of Bangshidhar Das, His Heirs Smt. Bibharani Das & Others – Appellant
Versus
Mustt. Bimala Bala Das & Others – Respondent


Advocates Appeared:
Y.K.Phukan, G.K.Talukdar, D.K.Talukdar, B.Sarma

Saikia, C.J. (Acting).-

This plaintiffs' second appeal is from the judgment of the learned Assistant District Judge, Barpeta affirming the judgment of the trial court and dismissing the appeal. The precise questions of law to be decided herein are the nature and extent of right, title and interest conferred by a "short lease" as defined in Rule 64(b) of the settlement Rules framed under the Assam Land and Revenue Regulation, 3886, shortly, "the Regulation".

2. In Title Suit No. 13/73, the plaintiffs averred, inter alia, that their predecessor late Mahesh Chandra Das was granted a short lease in respect of the suit land, which was a Government Khas land, on the recommendation of the land Settlement Advisory Board by taking necessary premium. Late Mahesh raised a "Bhita" thereon and constructed an asbestos "Chali" with doors and windows and kept it under lock and key. After the death of Mahesh on 17.4.70, the plaintiffs inherited the suit land and the name of the plaintiff No. 1, Bangshidhar Das, was duly mutated by an order dated 21.2.71 as Karta of the family. On 20.10.70, the defendant Hargobinda Das trespassed upon the suit land, broke open the lock of the 'Chali' and started resid



























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