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DEVASHIS BARUAH
Radha Raman Das, S/o. Late Jaygashwar Das – Appellant
Versus
Mahadev Urang, S/o. Late Samua Urang – Respondent
JUDGMENT :
Devashis Baruah, J.
Heard Mr. T. U. Laskar, the learned counsel appearing on behalf of the Appellant in both the appeals. This Court had earlier heard Mr. S. Bhattacharjee, the learned counsel appearing on behalf of the Respondent in the instant appeal.
2. It is seen that this Court vide an order dated 03.06.2009 admitted RSA No.53/2009 by formulating 3 (three) substantial questions of law which reads as under :
2. Whether the impugned judgment and decree passed by the learned court below holding that payment of rent is required to be made to the landlord even after Khatian was issued to the vendor of the plaintiff under the Assam (Temporarily Settled Areas) Tenancy Act are perverse and unsustainable in law?
3. Whether the impugne
Section 33 of Indian Evidence Act, 1872 stipulates as to when evidence given by a witness in judicial proceedings or before any person authorized by law to take it relevant for purpose of proving in ....
The plea of res-judicata must be raised in the pleadings and substantiated by producing the copies of the pleadings, issues, and the judgment in the previous case. The substantial question of law pro....
The validity of a sale deed confers title to the purchaser, and claims of permissive occupation by defendants do not negate this ownership.
The sufficiency of unchallenged documentary evidence for establishing title and ownership is critical in property disputes.
Merely stating that the said Exhibits are false, would not make the same a substantial question of law. Moreover, it is also a well established principle of law that to be a substantial question of l....
Court remanded cases for fresh adjudication due to errors in appreciating evidence and misapplication of legal provisions regarding title determination.
A second appeal under the Code of Civil Procedure is restricted to substantial questions of law. Appellate courts cannot reappreciate evidence or substitute factual findings unless the lower court's ....
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