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2021 Supreme(Gau) 814

KALYAN RAI SURANA
Binod Basumatary, S/o. Late Mahendra Basumatary – Appellant
Versus
Supriya Chakrabarty – Respondent


Advocates Appeared:
For the Petitioners: Mr. P.K. Das.

ORDER :

1. Heard Mr. P.K. Das, learned counsel for the appellants at the stage of admission under Order XLI, Rule 11 of the CPC.

2. The appellants are the defendants in T.S. No. 103/2011, which was filed by the respondent for declaration of right, title, interest and confirmation of possession over the suit land described in Schedule-B, C, and D of the plaint, for permanent injunction and other reliefs. The said suit was decreed vide judgment and decree dated 20.05.2016, passed by the learned Civil Judge No.2, Kamrup (M), Guwahati. The aggrieved appellants had preferred an appeal, which was registered as T.A. No. 16/2016, which was dismissed by the learned Addl. District Judge (FTC) No.3, Kamrup (M), Guwahati vide judgment and decree dated 14.11.2019. This appeal is directed against concurrent finding of the learned Courts below.

3. In brief, the case projected in the plaint is that Bhulia Boro and Amulya Boro were the original pattadars of land measuring 7B-1K-0L, covered by Dag No. 9 (old)/ 145 (new) of K.P. Patta No. 55 (old)/1191 (new) of Village- Jyotikuchi, Mouza- Beltola in the district of Kamrup (M). Vide sale deed no. 924 of 1970, they sold 3B-2K-10L of aforesaid land to Mahe

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