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2021 Supreme(Gau) 613

PARTHIVJYOTI SAIKIA
Satyendra Medhi, S/o Late Lengena Medhi – Appellant
Versus
Pramod Medhi, S/o Late Bhola Ram Medhi – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. K Barthakur Advocate
For the Respondent: Mr. T.C. Das, Adv.

JUDGMENT :

Heard Ms. P. Bhattacharya, the learned counsel appearing for the appellant as well as Mr. A. Dhar, the learned counsel representing the respondent.

2. This is a regular second appeal, whereby the judgment dated 30.05.2015, passed by the learned Civil Judge Kamrup, Amingaon, in Title Appeal No. 62/2014, arising out of the judgment dated 21.05.2013, passed by the learned Munsif No. 2, Kamrup, Guwahati, in Title Suit No. 292/2004 is put to challenge.

3. In the year 1978, the present appellant purchased a plot of land measuring 3 bighas from the father of the present respondent. A Registered sale deed was executed to that effect. The appellant also mutated himself in the land records. Infact the appellant has given one portion of land to his brother Sri Robin Medhi.

4. On 04.07.1996, the respondent illegally dispossess the appellant of one bigha of land, out of the total land of three bighas.

5. Therefore, the appellant filed a suit before the Court of Munsif No. 2, which was registered as Title Suit No. 292/2004, praying for recovery of possession as well as for declaration of his right, title and interest over the said plot of land.

6. The respondent while filing the written sta

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