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1992 Supreme(Gau) 90

D.N.BARUAH
Babul Ali – Appellant
Versus
Khirada Dutta – Respondent


Advocates Appeared:
C.C.Deka, P.K.Goswami, P.G.Barua, N.C.Phukan, K.Basar, D.Goswami

The petitioner has filed this petition under section 115 read with section 151 of the Code of Civil Procedure and under Article 227 of the Constitution of India, challenging the order dated 25.3.86 passed by the Munsiff No. 1, Sibsagar in Misc. Case (J) No. 27 of 1981, arising out of Title Execution Case No. 2 of 1979, dismissing the application filed by the petitioner for restoration of possession and for compensation.

2. The petitioner's case is that the predecessor-in-interest of the respon­dent 1 (a) to 1 (e) instituted a suit (TS No. 16 of 1965) praying for a decree, inter alia, for recovery of khas possession of 18 lechas of land covered by Dag No. 45 (old) Periodic Patta No.209 (old) corresponding to new Dag No.55 of Simaluguri Town, Dhopabar Mouza, in the district of Sibsagar. In the plaint, however the boundary of the suit land was not shown. The suit was decreed. An appeal preferred by the defendants/petitioners, was also dismissed. Second appeal was filed which was also dismissed. The original plaintiff as well as the defendants died and the present petitioner and the defendant No. 1 (a) to l(e) were substituted in their places.

3. The petitioner's further case is that the

















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