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2024 Supreme(Gau) 652

PARTHIVJYOTI SAIKIA
Kamaleshwar Thakuria S/o- Late Nabin Thakuria – Appellant
Versus
Subhadra Thakuria W/o- Late Shanta Ram Thakuria – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr H K Sarma
For the Respondent:Mr S Hussain, Mr. B. Islam, Advocate.

JUDGMENT :

Heard Mr. H.K. Sarma, learned counsel appearing for the appellants as well as Mr. B. Islam, learned counsel representing the respondents.

2. This is a Regular Second Appeal under Section 100 of the Civil Procedure Code (CPC) where the judgment dated 03.05.2019 passed by the learned Civil Judge (Sr. Div.) No.3, Kamrup (M), Guwahati in Title Appeal No.27/2017, is under challenge.

3. Late Kahiram Thakuria was the predecessor of the appellants as well as the respondents. He had four sons, namely- Narayan Thakuria, Ram Charan Thakuria, Dharmeshwar Thakuria and Nabin Thakuria.

4. Late Kahiram Thakuria used to purchase plots of lands by the money of the joint income of the family. Sometimes, he also used to sell some of his lands.

5. After the death of Kahiram Thakuria, his sons jointly occupied the lands left behind by him. The sons also, used to purchase lands and sometimes they used to sell their lands.

6. The son Nabin Thakuria (since deceased) had two sons, namely- Kamaleshwar Thakuria and Mohan Thakuria.

7. Late Nabin Thakuria had occupied a plot of land measuring 2 Bighas 2 Kathas and 19 Lechas covered by Dag No.103 of K.P. Patta No.110 situated in Dimoria Mouza in the district

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