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2015 Supreme(Gau) 265

SUMAN SHYAM
Uttam Dadhara – Appellant
Versus
Sunsbala Dadhara – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. P.P. Baruah, Advocate.
For the Respondent:Mr. S. Biswas, Advocate.

JUDGMENT

This second appeal has been preferred by the defendant appellants challenging the judgment and decree dated 19-05-2003 passed by the learned Addl. District Judge (Ad-hoc), FTC, Biswanath Chariali, Sonitpur in Title Appeal No. 20/2002 allowing the appeal filed by the respondent/ plaintiff thereby reversing the judgment and decree dated 03-12-1997 passed by the learned Civil Judge (Jr. Div.), Biswanath Chariali in Title Suit No. 50/1998.

2. The brief fact of the plaintiffs case, as emerging from the records, is that she is the wife of late Ratneswar Dadhara. Ratneswar Dadhara had two wives viz. Smti. Sorumaina Dadhara @ Kansoali i.e. the first wife and the plaintiff herself who was the second wife. Ratneswar Dadhara died sometime in the year 1986. In order to avoid any dispute between the two wives, Ratneswar Dadhara, during his life time had called up panchayat on 25-06-1976 and in presence of panchayat made his intention clear that he intends to donate certain portion of his land to each of his wives. Accordingly, Ratneswar Dadhara had written a panchayatnama dated 25-06-1976 putting on record his intention to donate some part of his land to both his wives while retaining













































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