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2018 Supreme(Gau) 73

PRASANTA KUMAR DEKA
Raj Kumar Modi – Appellant
Versus
Bajranglal Modi S/o Late Meghraj Modi – Respondent


Advocates Appeared:
For the Petitioner: Mr. GN Sahewalla, Mr. A Sahewalla, Ms. B. Sharma
For the Respondent: Mr. P. Khatoniar, Mr. G. Khandelia, Ms. A Choudhury

JUDGMENT :

PRASANTA KUMAR DEKA, J.

Heard Mr. GN Sahewalla, learned Senior Counsel, assisted by Ms. B. Sharma, learned counsel, appearing for the appellants/defendants. Also heard Mr. P. Khatoniar, learned Senior Counsel, assisted by Mr. G. Khandelia, learned counsel, appearing for the sole respondent/plaintiff.

2. The present appellants are the defendants in Title Suit No. 15/2008 in the court of the learned Munsiff No. 1 at Jorhat filed by the plaintiff/respondent. The suit was for declaration, eviction and recovery of khas possession against the present defendants/appellants with respect to the suit land mentioned in the plaint. The plaintiff/respondent is the adopted son of late Meghraj Modi and accepted by the society with the status of adopted son and the age of the plaintiff/respondent at the time of adoption on 2.9.1971 is evident from Certificate No. 37569 dated 23.7.1975 (Ext. 1) issued by the Secretary, Board of Secondary Education, Assam certifying his age as 18 years 2 two months on 1.3.1975 Being the adopted son he inherited land measuring 10 Bighas 3 Kathas 5 Lechas on the death of Meghraj Modi in the year 1982 and maintained his possession thereon. In addition to that h
















































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