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2015 Supreme(Gau) 1388

A.K.GOSWAMI
KALBASI GOALA – Appellant
Versus
RAM NARESH GOALA – Respondent


Advocates:
Advocate Appeared:
For the Appellant : R. Devi, Adv.
For the Respondent: B. Banerjee, Adv.

JUDGMENT :

Arup Kumar Goswami, J.

Heard Ms. R. Devi, learned counsel for the appellants/defendants. Also heard Mr. B. Banerjee, learned senior counsel appearing for the respondents/plaintiffs. This appeal is directed against the judgment and decree dated 30.5.2003 passed by the learned District Judge, Cachar at Silchar in Title Appeal No. 18/2000 dismissing the appeal and affirming the judgment and decree dated 18.9.2000 passed by the learned Civil Judge (Senior Division), Cachar at Silchar in Title Suit No. 29/1982 decreeing the suit of the plaintiffs.

2. The second appeal was admitted to be heard by an order passed on 26.9.2005 on the following substantial questions of law:

"1. Whether the learned Courts below were justified in negating the claim of the appellants on the basis of interpretation given by them in respect of Ext. 2, 3 and 4?

2. Whether the appellants are entitled to a decree particularly in respect of the IIIrd schedule land on the basis of the above interpretation?"

3. The plaintiffs filed a suit for declaration of right, title and interest in respect of Schedule I land, confirmation of possession in respect of Schedule II land within Schedule I land and recovery of poss




















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