Back
ARUN DEV CHOUDHURY
Dilip Baishya, S/O- Lt. Karmaram Baishya – Appellant
Versus
Saru Sarmah, S/O Lt. Bhagwan Sarmah – Respondent
JUDGMENT :
THE HON’BLE MR JUSTICE ARUN DEV CHOUDHURY
Heard Mr. S Dutta, learned counsel for the petitioner. Also heard Mr. S K Singh, learned Senior counsel assisted by Mr. B Puchilal, learned counsel for the respondent.
2. This present revision petition under Section 115 of the Code of Civil Procedure, 1908 is filed assailing judgment and decree dated 29.07.2019 passed in TS No. 46/2015 by the learned Civil Judge at Tezpur, Sonitpur.
3. The background facts of the present litigation can be summarized as follows:
II. The plaintiff pleaded that the suit land measuring 12 Lechas covered under Dag No. 1458 of Periodic Patta No. 419 has been in the occupation of the plaintiffs as tenant since the date of his predecessor-in-interest constructing houses thereon and the holding No. 2222 is still recorded in the name of the plaintiff’s mother.
III. It is the further case of the plaintiff that a suit was filed by the earlier landlord o
In proceedings under Section 6 of the Specific Relief Act, the court only assesses possession and timely filing of the suit post-dispossession, not ownership claims.
The main legal point established in the judgment is that suits for recovery of possession under Section 6 of the Act of 1963 must be filed within six months of dispossession, and the title of the par....
The main legal point established in the judgment is that in a suit under Section 6 of the Specific Relief Act, the plaintiff must prove his possession and dispossession within a period of six months,....
Sub-section 2(a) of section 6 stipulates that no suit under the said section shall be brought after expiry of six months from date of dispossession and sub-section (2)(b) of said Section 6 stipulates....
In a suit under Section 6 of the Specific Relief Act, the focus is solely on possession and dispossession, not on title, and plaintiffs must prove they were in possession within six months prior to f....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
