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2019 Supreme(Gau) 236

PRASANTA KUMAR DEKA
ON THE DEATH OF PANMATI DEVI, HER LEGAL HEIR – Appellant
Versus
UNION OF INDIA – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: MS. A BARUA, Mr. R.L. Yadav Adv.
For the Respondent: Mr. SC Keyal Asstt. SGI

JUDGMENT :

1. Heard Mr. RL Yadav, learned counsel appearing for the appellants. Also heard Mr. SC Keyal, learned Assistant Solicitor General of India, representing the respondents.

2. The original plaintiff, Panmati Devi (since deceased), filed Title Suit No. 23/1985 (later on renumbered as Title Suit No. 45/1999) in the court of learned Sadar Munsiff No. 1 at Dibrugarh for declaration that the plaintiff is in lawful occupation of the premises described in the schedule of the plaint and the defendants/ respondents are not competent to issue notice dated 26.07.1983 for eviction nor have they any right to evict the plaintiff from premises under the provisions of the Public Premises (Eviction of Unauthorised Occupants)Act,1971 (hereinafter referred to as ‘the Act’) and for permanent injunction restraining the defendants from proceeding with the notice No. NIL dated 26.07.1983 issued by the defendant no. 3 under Section 4 of the Act. The said Panmati Devi preferred this second appeal as the appellant and on her death her legal heirs were substituted by order dated 08.11.2017. However, in this judgment the plaintiff/ appellant shall mean Late Panmati Devi. The husband of the plaintiff/


































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