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2024 Supreme(Gau) 81

MALASRI NANDI
On the Death of Smti Pesa Rani Ravani her Legal Heirs Rep. Kamal Swargiary – Appellant
Versus
On the Death of Hangsha Rabha his Legal Heirs Rep. Smt. Phaguni Rabha – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: M. Talukdar.
For the Respondent: A.R. Medhi.

JUDGMENT :

MALASRI NANDI, J.

1. Heard Mr. M. Talukdar, learned counsel for the appellants. Also heard Mr. G. Saikia, learned counsel for the respondents.

2. The plaintiff as appellant has preferred an appeal under Section 100 of CPC 1908, against the judgment and order dated 03.09.2009 passed by the learned Civil Judge No. 1 at Guwahati in Title Appeal No. 27/2007 by upholding the judgment dated 10.04.2007 passed by the learned Munsiff No. 2 in Title Suit No. 471/2006.

3. The case of the appellant is that she owned and possessed a plot of land measuring 23 bighas and 13 lechas under several dag numbers and patta numbers situated under village Dhupguri, Mouza Luki under Boko revenue circle in the district of Kamrup, Assam. The land revenue of the said land was being paid regularly by the appellant. The said land was used as agricultural land and some of the portion was used as Basti land as there were bamboo and other trees. According to the appellant, it is the ancestral property of the appellant and after the death of her father, Nepal Chandra Rabha, the said land was mutated in her name, and since then she had been in possession of the said land without any interference from others.

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