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2022 Supreme(Gau) 558

DEVASHIS BARUAH
On the death of Md. Kamruz Zaman his legal heirs, Jamila Begum – Appellant
Versus
On The Death Of Dr. Khurshid Alom His Legal Heirs Smt. Deepa Khurshid – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR. J H SAIKIA (P

JUDGMENT :

Heard Mr. B. C. Das, the learned Senior Counsel assisted by Mr. GA Saikia for the Appellant and Mr. S Ali, the learned counsel appearing on behalf of the Respondent.

2. This is an appeal under Section 100 of the Code of Civil Procedure, 1908 challenging the judgment and decree dated 15/9/2008 passed in Title Appeal No. 59/2006, whereby the judgment and decree dated 15/5/2001 passed by the Court of the Civil Judge(Sr. Divisiion) No. 1 in Title Suit No. 106/1994 was set aside.

3. It is relevant to take note of that, this Court vide an order dated 6/3/2009 admitted the instant appeal by formulating a substantial question of law which reads as under :

    (1) Whether the learned First Appellate Court committed error of law in construing the Exhibits 4, 6 and 7 as documents of family settlement between the contesting parties ?

4. Thereafter when the instant appeal was taken up for hearing on 12/5/2022, this Court vide an order formulated two more additional substantial questions of law which reads as herein under :-

    (1) Whether Exhibits 4, 6 & 7 are Relinquishment Deeds or a Gift Deed in the facts and circumstances of the instant case ?

(2) Whether Exhibits 4, 6 & 7 if construed to be

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