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2018 Supreme(Gau) 319

PRASANTA KUMAR DEKA
ON THE DEATH OF BRAHMADEV PRASAD BIN HIS LEGAL HEIRS BACCHU PRASAD BIN – Appellant
Versus
NARENDRA NATH ROY – Respondent


Advocates Appeared:
For the Appellants :Mr. G.P. Bhowmik, Sr. Adv. Ms. P. Chetia, Advocate.
For the Respondents:Mr. B. Banerjee, Sr. Adv. Ms. C. Mozumdar, Adv. Mr. S. Nath, Adv. Ms. R. Choudhury, Advocate.

JUDGMENT/ORDER :

Prasanta Kumar Deka, J.

Heard Mr. G.P. Bhowmik, learned Senior Counsel assisted by Ms. P. Chetia, learned counsel for the appellant. Also heard Mr. B. Banerjee, learned Senior Counsel assisted by Ms. C. Mozumdar, Ms. R. Choudhury and Mr. S. Nath, learned counsel for the respondents.

2. The original appellant Brahmadev Prasad Bin was the plaintiff in Title Suit No.214/1991 in the Court of learned Munsiff No.1, Dhubri who filed the suit against the main respondents No.1 to 6 along with the proforma respondents No.1, 2 and 3 as the defendants for declaration of his right, title and interest as purchaser for valuable consideration without notice and possession over the schedule suit land, declaration to the effect that the compromise decree of Title Suit No. 417/1966 obtained on 12.06.1969 is not binding and enforceable against the plaintiff being the bona fide purchaser of the suit land, for permanent injunction and for correction of records of rights after cancelling the names of defendants/ respondents No. 1 to 4 etc. It is pertinent to mention here that the said sole plaintiff/ appellant died during the pendency of the present appeal and was substituted by his legal h















































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