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2014 Supreme(Gau) 805

NISHITENDU CHAUDHURY
Gunabala Bora (Deceased) thru. L. Rs. – Appellant
Versus
Padmalata Das Ojha – Respondent


JUDGMENT :

” This second appeal by plaintiff is directed against the concurrent findings of two courts below. Present appellant as plaintiff instituted Title Suit No. 99/2002 in the Court of learned Civil Judge (Senior Division) No. 3, Kamrup at Guwahati praying for a decree declaring her right, title and interest over suit land measuring 15 lechas and also for permanent injunction restraining the defendants and their employees etc. from dispossessing her from suit land described in Schedule-B to the plaint.

2. The case of the plaintiff is that she being the second wife of Late Radhanath Borah started living in the suit premises along with her husband while defendant No. 1 the daughter of her husband from the First wife was reared up in the house of the brother of her husband and then given in marriage to one Krishna Das Ojha. She and her husband got possession of the suit premises from one Mallika who was the tenant under the original owners, Satyanath Borah and others. They subsequently started paying rent to the owner but Krishna Das Ojha obtained signature of Radhanath Borah on a piece of paper and converted the same into a Will to claim that Radhanath Borah had bequeathed the s




























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