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2022 Supreme(Gau) 196

DEVASHIS BARUAH
SUNITA JALAN @ SUNITA AGARWALLA D/O- SRI GIRDHARILAL AGARWALLA – Appellant
Versus
MANOJ JALAN AND ANR S/O- LATE RAM NIWAS JALAN – Respondent


Advocates Appeared:
For The Appellant : MR. P P DUTTA
For The Respondent: MR. B BARUAH

JUDGEMENT :

1. Heard Mr. P.P. Dutta, the learned counsel for the petitioner and Mr. B. Baruah, the learned counsel appearing on behalf of the respondents.

2. The instant application under Article 227 of the Constitution is directed against the order dated 07.01.2019 passed in Title Suit No. 126/2012 by the Munsiff No. 2, Dibrugarh, whereby the petitioner’s application under Order VII Rule 14 was rejected.

3. The brief facts of the instant case is that the petitioner as plaintiff has instituted a suit which has been registered and numbered as Title Suit No. 126/2012 before the Court of the Munsiff at Dibrugarh. The said suit is for declaration of right, title and interest of the plaintiff over Schedule A and B; for recovery of khas possession of the same; for perpetual injunction; compensation of Rs. 100/-per diem with effect from 17.08.2012 etc. In the said suit the specific case of the plaintiff is that on 14.06.1999 the father-in-law of the plaintiff sold a plot land measuring 0 Bigha 3 Kathas 15 Lechas covered by Dag No. 426 under Periodic Patta No. 74 situated at Moran Town, A.T. Road, P.O. Moranhat, P.S. and Mouza Moran in the District of Dibrugarh, Assam together with pucca hous

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