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2019 Supreme(Gau) 1218

PRASANTA KUMAR DEKA
Md. Safiqul Islam – Appellant
Versus
Lakheswar Deka – Respondent


Advocates:
Advocate Appeared:
For the Appellant : N.N. Jha, Learned Counsel
For the Respondents:N. Baruah, Advocate and M.K. Choudhury, Learned Senior Counsel assisted by N. Ahmed, Learned Counsel

ORDER :

Prasanta Kumar Deka, J.

1. Heard Mr. N.N. Jha, the learned counsel for the petitioners. Also heard Mr. M.K. Choudhury, learned Senior Counsel assisted by Ms. N. Ahmed, learned counsel appearing for the respondents.

2. This revision petition is against the order dated 3.9.2014 passed in Title Suit No. 157/2007 by the learned Civil Judge, No. 3, Kamrup(M) at Guwahati. Title Suit No. 157/2007 was filed by one Md. Safiqul Islam, son of late Tanu Miah @ Islam against the present defendants respondents. The original respondent No. 1, Lakheswar Deka died during pendency of the revision petition and his legal heirs were substituted duly. The respondent Nos. 2 to 5 purportedly sold land measuring 2 kathas to the original respondent Lakheswar Deka by way of a registered sale deed way back on 27.2.1964. The respondent Nos. 2 to 5 instituted Title Suit No. 31/1964 in respect of said land measuring 2 kathas seeking for a declaration in the then court of learned Sub-Judge at Guwahati that except them no other persons had title and possession over the suit land. The suit was transferred to learned Munsiff No. 1 at Guwahati and the same was renumbered as Title Suit No. 205/1967 which was dism

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