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2022 Supreme(Gau) 603

DEVASHIS BARUAH
Abdul Mannan Akond S/o. Lt. Mober Akond – Appellant
Versus
Hasina Yasmin And 2 Ors. D/o. Abdul Hamid – Respondent


Advocates Appeared:
For the Petitioner: Ms. R. Choudhury
For the Respondent: Ms. S. Parveen

JUDGMENT :

1. Heard Ms. R. Choudhury, the learned counsel appearing on behalf of the Petitioner and Ms. S. Parveen, the learned counsel appearing on behalf of the Respondents.

2. This is an application filed under Section 115 read with Section 151 of the Code of Civil Procedure, 1908 challenging the judgment and order dated 30.03.2021 passed by the learned Presiding Officer, Special Tribunal (Land Grabbing), Dhubri in T.S. (L/G) Case No.22/2015 whereby the application filed by the Respondents herein was allowed thereby declaring the right, title and interest over the disputed land and the Petitioner was held to be a land grabber and accordingly liable to be evicted.

3. The learned counsel for the Petitioner has submitted that the Court below completely erred in law in passing the impugned judgment and order taking into consideration that the Court below did not take into consideration the provisions of Section 2(d) of the Assam Land Grabbing (Prohibition) Act, 2010 wherein the term “Land Grabber” has been defined. It has also been submitted by the learned counsel for Petitioner that a perusal of the said Section would clearly go to show that the person who have title or ownership o

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