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2017 Supreme(Gau) 743

PRASANTA KUMAR DEKA
Legal heirs Smti. Arati Lahkar – Appellant
Versus
Legal heirs-Sri Abhijit Baruah – Respondent


Advocates Appeared:
For the Appellants : Mr. J. Deka
For the Respondents: Mr. B.D. Deka

JUDGMENT AND ORDER :

Prasanta Kumar Deka, J.

Heard Mr. J Deka, learned counsel appearing on behalf of the appellants and Mr. BD Deka, learned counsel appearing on behalf of the respondents.

2. The respondents, as plaintiffs, instituted title suit No. 48/1991 against the defendant/ appellants praying for a decree of khas possession by evicting the defendant including the persons who are occupying the house under him (defendant/ appellant) and also by removing the thatched structures and Chalis and also for declaration of title. The case of the plaintiff/ respondents is that they are the owner and in possession of 2K 10L of land covered by Dag No. 482/483 of KP Patta No. 63 which is described in the Schedule A of the plaint. The said land was purchased by the deceased plaintiff Priyambada Baruah from one Kaliprasad Baruah and other co-owners by registered sale deed dated 27.02.1970 where-after possession was delivered to her. Her name was duly mutated vide order dated 06.01.1988 in Mutation Case No. 1160/1986-87. Immediately after taking possession, the deceased plaintiff (the present respondents are her legal heirs) constructed a thatched house and allowed some labourers to stay there.














































































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