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1993 Supreme(Gau) 29

S.N.PHUKAN
Azad Ali – Appellant
Versus
Housefed & Others – Respondent


Advocates Appeared:
S.Medhi, S.Sarma, D.N.Choudhury, M.K.Choudhury, A.M.Saikia, C.K.S.Baruah, J.N.Sarma

This appeal is by the plaintiff against the order dated 3.1.91 passed in Misc. (J) Case No. 22/90 by the learned Asstt. District Judge No. 2, Gauhati. By the said order, the application filed by the plaintiff for injunction under Order 39 Rule 1 and 2 read with Section 151 C.P.C. was rejected as the plaintiff-petitioner was found absent on that date.

2. The plaintiff filed the suit, namely, T.S. No. 14 of 1990 before the above court impleading Housefed which is a State Level Cooperative Society with the object of providing houses to the houseless persons and three other persons as defendants. According to plaintiff he is a cultivator by profession and an area of 10-Bs and odd covered by Dag No. 92, Patta No. 36 of village Notbam, Mouaz-Beltola, Gauhati was in his possession since childhood and prior to that it was in occupation of his father Sri Nizamat Ali. It has been alleged in the plaint that they are cultivating the land for last 20 years without interruption from anybody and therefore, has acquired right, title and interest over the land. According to plaintiff the patta of the land is in the name of Late Bishnu Ram Medhi, but at no point of time it was in his possession. Plai












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