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2017 Supreme(Gau) 953

PRASANTA KUMAR DEKA
District Congress (I) Committee, Jorhat, Assam, 785001 – Appellant
Versus
Krishna Kanta Rajkumar – Respondent


Advocates Appeared:
For the Appellants :Mr. P. Baruah, Mr. A. Thakur, Ms. J.R. Thakur, Advocates
For the Respondents:Mr. T.J. Mahanta, Sr. Adv. Ms. P. Bhattacharyya, Mr. S. Barthakur, Mr. A. Baruah, Advocates

JUDGMENT & ORDER :

1. Heard Mr. P. Baruah, learned counsel, appearing for the appellants/defendants and Ms. P. Bhattacharyya, learned counsel, appearing on behalf of the respondent/plaintiff No. 1.

2. This second appeal is against the judgment and decree passed by the learned first appellate court in Title Appeal No. 28/2013 by the learned court of Civil Judge at Jorhat.

3. The present appellants are the defendants in T.S. No. 75/1995 [T. S. No. 92/06 (Old) and T.S. No. 51/07 (New)], preferred by the respondent No. 1. It is the case of the plaintiff/respondent No. 1 that he is the absolute owner of the suit property by virtue of being the son of late Ghanakanta Rajkumar, the original Pattadar No. 2. The defendants were the permissive occupiers of the said suit property till the year 1963 when they vacated the same and handed over it to the plaintiff. The suit property was occupied by the Assam Homeopathic College, Jorhat for a period of 9 years with effect from 1978 till December, 1986. The said college also left vacating the suit property and since then the respondent/plaintiff No. 1 was in possession of the same. One Nobin Chandra Buragohain in his capacity as the President of the I






























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