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2017 Supreme(Gau) 499

KALYAN RAI SURANA
Jyotsna Rani Ghosh – Appellant
Versus
Garib Sha Nawas – Respondent


Advocates Appeared:
For the Petitioners: Mr. G.P. Bhowmik, Mr. R. Hazarika and Ms. P. Chetia.
For the Respondents: Mrs. R. Choudhury, Ms. A. Begum and Ms. N. Begum.

JUDGMENT AND ORDER :

1. This matter has been taken up for hearing at the admission stage. Heard Mr. G.P. Bhowmik, the learned Senior Counsel assisted by Mr. R. Hazarika, appearing for the petitioner and Ms. R. Choudhury, the learned Counsel for the respondent.

2. The order dated 07.01.2017 passed by the learned Civil Judge, Dhubri, in T.S. No. 2/2001 is impugned in this application under Article 227 of the Constitution of India, by which the petition filed by the petitioners/plaintiffs under section 30 read with section 151 of the Civil Procedure Code to be permitted to adduce additional evidence to prove Sale Deed No. 330 dated 01.06.1988, was rejected.

3. As projected in this application, the case of the petitioners is that they were the owners of land measuring about 12 bigha-11 katha-15 dhur (equivalent to 12 Bigha-2 katha-19 lechas) of Touzi No. 5, under Parbotjoar cum Chapar acquired estate, Bilasipara, now under Bilasipara Circle, which is the land described in Schedule-A of the plaint. However, in the month of February, 1983, the original defendant had dispossessed the plaintiffs from 1 bigha-2 katha-9 lechas of land. The respondents/defendants were again trying to grab the su























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