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2002 Supreme(Gau) 438

N.SURJAMANI SINGH
Makibur Rahman – Appellant
Versus
Wahidur Rahman @ Bhola – Respondent


Advocates Appeared:
M.K.Choudhary, M.Chetia, F.Ahmed, A.Wahed, S.K.Deori, T.Islam, S.A.Laskar

N.S. Singh, J.—

Heard Mr S.A. Laskar, learned senior counsel assisted by Mr S.K. Deori for the petitioners and also heard Mr M.K. Choudhury, learned counsel assisted by Mr T. Islam for the respondents.

2. The judgment dated 2.8.02 passed by the District Judge, Darrang, Mangaldoi in Misc. Appeal No. 1 of 2002 thus setting aside the order of injunction dated 11.4.2002 passed by the learned Civil Judge (Senior Division) Darrang at Mangaldoi in Misc. (J) Case No. 24/2000 is the subject under challenge in this revision petition.

3. The facts of the case in a short compass are as follows:-

The plaintiffs, appellants herein instituted a suit being Title Suit No. 71/2000 before the trial Court as against the present respondents for a decree for right of pre-emption in respect of the suit land by contending inter-alia, that under the Mahamadian Laws the plaintiffs are entitled to pre-empt the property of the defendant No. 1. However defendant No. 1 transferred the suit land/property under a registered sale deed dated 5.2.2002 to and in favour of the defendant No. 2 Shri Debojyoti Sarma thus depriving the plaintiffs right to pre-empt the property. The plaintiffs also sought for cancelling the r







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