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PARTHIVJYOTI SAIKIA
Joy Ram Chauhan S/o Late Laxmi Prasad Chauhan (Nunia) – Appellant
Versus
Sudama Chauhan S/o Late Ramu Chauhan – Respondent
JUDGMENT :
PARTHIVJYOTI SAIKIA, J.
1. Heard Mr. A. Iqbal, learned counsel representing the appellants as well as Mr. A. Sattar, learned counsel appearing for the respondents.
2. This is a regular second appeal under Section 100 of the Code of Civil Procedure (CPC) whereby the judgment and decree dated 16.09.2019 passed by the court of the Addl. District Judge (FTC) No. 3, Kamrup (M) at Guwahati in Title appeal No. 25/2013, confirming and upholding the judgment and decree dated 27.09.2013 passed by the court of the Civil Judge No. 2, Kamrup (M) at Guwahati in Title Suit No. 17/2007, is under challenge.
3. The case of the appellants in a nutshell-Lakshmi Prasad Nunia and Sitaram Nunia were brothers. They inherited some lands from their predecessors. Out of their ancestral land, they sold of a part of it and the remaining portion of the land was partitioned amongst themselves. In that partition, a plot of land measuring 4 kathas and 8 lechas of Dag No. 650 of K.P. Patta No. 553 under Ulubari Mouza went to the share of Lakshmi Prasad Nunia and after his death, the appellants, being his legal heirs, inherited that property. Sitaram Nunia @ Chauhan was suffering from cancer and in need of mo
First appellate court judgment fail to comply with the provision of law as laid in Order 41 Rule 31 of the Code of Civil Procedure. Such a judgment is not sustainable in law.
Point of Law : Appellate court has jurisdiction to reverse or affirm the findings of the trial court. The first appeal is a valuable right of the parties and unless restricted by law, the whole case ....
Order 41 Rule 31 of the CPC reads as under Contents, date and signature of judgment
Legal heirs cannot be denied their rightful share in ancestral property without clear evidence of prior transactions affecting their inheritance rights.
A party's right to present evidence on ownership must be duly recognized; failure to address critical issues of fact leads to flawed judgments.
The main legal point established in the judgment is the mandatory nature of compliance with the provisions of law as laid down in Order 41, Rule 31 of the Code of Civil Procedure for the first appell....
The main legal point established in the judgment is the importance of complying with the provisions of law as laid down in Order 41 Rule 31 of the Code of Civil Procedure, which requires the appellat....
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