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2020 Supreme(Gau) 5

KALYAN RAI SURANA
Hareswar Deka – Appellant
Versus
Sachin Choudhury – Respondent


Advocates:
Advocate Appeared:
For the Appellant : P. Upadhyay.
For the Respondent: P.K. Kalita.

JUDGMENT :

Kalyan Rai Surana, J.

1. Heard Mr. P. Upadhyay, the learned counsel for the appellants. Also heard Mr. P.K. Kalita, the learned senior counsel assisted by Mr. N. Das, the learned counsel for the respondents No. 1 and 2, and Mr. G. Bordoloi, learned Govt. Advocate, Assam, appearing for respondents No. 6 and 7. None appears on call for the respondents No. 3, 4 and 5.

2. By this appeal under Section 100 C.P.C., the appellants have assailed the first appellate judgment and decree dated 14.09.2007, passed by the learned Civil Judge (Senior Division) No. 2, Kamrup, Guwahati in Title Appeal No. 94/2006, thereby setting aside and reversing the judgment and decree dated 10.11.2006, passed by the learned Civil Judge (Junior Division) No. 3, Kamrup, Guwahati, by which the suit filed by the respondents No. 1 and 2 (plaintiffs) was dismissed.

3. The respondents No. 1 and 2 were the plaintiffs in T.S. No. 383/2006. The suit was filed for declaration of right, title and interest and for recovery of khas possession, for permanent injunction and for declaration that the Sale Deed No. 3406/95 and 3407/95 are void in law, illegal and inoperative. In the plaint, it was projected that the appell

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