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2022 Supreme(Gau) 965

ARUN DEV CHOUDHURY
Bhupendra Nath Bora S/o- Lt. Umai Bora – Appellant
Versus
Kamal Chandra Hazarika, S/o Lt. Gendhai Hazarika – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MS. A CHOUDHURY
For the Respondent: MS. P BHATTACHARYA

JUDGMENT :

Heard Mr. R. Goswami, learned counsel for the petitioner. Also heard Mr. K. Bhattacharjee, learned counsel for the respondents.

2. The present petitioner filed a suit being Title Suit No. 54 of 1980 against the present respondent Nos.1 to 9 for specific performance of contract for sale and for decree of execution of a sale deed in favour of the plaintiff. The said suit was contested by the present respondent nos. 1 to 9 and finally it was decreed vide judgment and decree dated 16.6.1981.The said decree was challenged by one Hemoram Das and Maleswar Das by way of another suit being Title Suit No. 76/1987 praying for a declaration that decree dated 16.6.1981 passed in Title Suit No. 54 of 1980 is void and inoperative in law on the ground that that the said decree was obtained by fraud and misrepresentation. Further, declaration was sought for right, title and interest and confirmation of possession of the suit land described in Title Suit No.76 of 1987. The said suit was contested by present petitioner and finally the learned Civil Judge, (Jr.Division) No.1 by its judgment and decree dated 15.12.2003 dismissed the said suit. The schedule-A land of Title Suit No. 54/2018 and

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