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2015 Supreme(Gau) 140

SUMAN SHYAM
Sachindra Saharia – Appellant
Versus
Sabitri Deka – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff:D. Mazumdar, Sr. Advocate and R. Sarma
For Respondents/Defendant: P.K. Deka

JUDGMENT

Suman Shyam, J.

1. This Second Appeal has been directed against the judgment and decree dated 04.04.2012 passed by the learned District Judge, Darrang, Mangaldoi, in Title Appeal No. 4 of 1999 upholding the judgment and decree dated 06.08.1999 passed in Title Suit No. 6/1997 by the learned Civil Judge (Senior Division), Darrang, Mangaldoi. The case of the plaintiffs/respondents as projected in the plaint is that one Haidua Koch and another was the original owner of land measuring 9 bigha 0 katha 8 lechas indicated in Schedule-"Ka" to the plaint. Amulya Kochani, the proforma defendant No. 5, was the only child of Haidua and as such after her death the said proforma defendant No. 5 had inherited all the properties left behind by Haidua including the land described in Schedule-Ka. One Kantaram Medhi was kept as a husband by the said Amulya Kochani during the lifetime of Haidua and out of their conjugal relationship three daughters, viz., Smti. Sabitra Deka, Smti. Nileswari Saharia and Smti. Mem Saharia were born. Smti. Sabitri Deka and Smti. Nileswari Saharia are the plaintiff Nos. 1 and 2 in the title suit. After the daughters were given away in marriage, Amulya Kochani and Ka

































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