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2017 Supreme(Gau) 734

SUMAN SHYAM
Urmila Jain – Appellant
Versus
Ambica Prasad (Dr. ) – Respondent


Advocates Appeared:
For the Petitioner:Mr. S. Ali, Advocate.
For the Respondent:Mr. H.K. Deka, Advocate.

JUDGMENT AND ORDER :

Suman Shyam, J.

Heard Mr. S. Ali, learned counsel for the revision petitioners. Also heard Mr. H.K. Deka, learned senior counsel appearing for the respondent.

2. This revision petition has been preferred against the judgment and order dated 02.01.2016 passed by the Court of learned Civil Judge No.3, Kamrup(M) at Guwahati in connection with Title Appeal No.33/2011 allowing the appeal filed by the plaintiff/respondent, thereby reversing the judgment and decree dated 25.02.2011 passed by learned Munsiff No.1, Kamrup(M), Guwahati in Title Suit No.434/2008 dismissing the suit filed by the respondent.

3. The brief factual matrix of the case is that the plaintiff/respondent was the original owner in respect of a plot of land measuring 1 Katha 6 Lechas covered by dag No. 3262 of K.P. Patta No. 514 of Sahar Guwahati under Ulubari Mouza. The respondent had exchanged his aforementioned plot of land for another land measuring 2 kathas 1 Lecha owned by his brother Sri Ranjit Prasad by executing a registered deed of exchange dated 23.04.1975. Upon the aforesaid land measuring 2 Kathas 1 Lecha, there was a RCC building named "Guwahati Market" covered by Holding No. 13 of Ward No.







































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