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THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
PARTHIVJYOTI SAIKIA
On The Death Of Redwanul Hoque Laskar His Legal Heris Laila Khanom Laskar (W/o. Lt. R.H. Laskar) – Appellant
Versus
On The Death Of Bikash Bhuiya His Legal Heirs- Shukla Bhuiya, W/o. Bikash Bhuiya – Respondent
| Table of Content |
|---|
| 1. overview of property lease and heirs (Para 2) |
| 2. facts of tenancy and property transfer. (Para 3 , 4 , 5 , 6) |
| 3. claims of occupation and landlord-tenant relationship. (Para 7 , 8) |
| 4. issues framed for determination by the court. (Para 9 , 10) |
| 5. arguments for right and title claim (Para 12 , 15) |
| 6. importance of including all heirs in the suit. (Para 13 , 14 , 17 , 18 , 19 , 20) |
| 7. trial court's judgment set aside for legal error. (Para 21) |
| 8. case remanded for proper notice and hearing. (Para 22) |
JUDGMENT :
(PARTHIVJYOTI SAIKIA, J. )
Heard Mr. M.H. Choudhury, learned senior counsel representing the appellants as well as Mr. S.P. Choudhury, learned counsel appearing for the respondents.
2. This is a Regular First Appeal under Section 96 of the Code of Civil Procedure (CPC) whereby the judgment and decree dated 15.05.2010 passed by the court of learned District Judge, Hailakandi in Title Suit No.21/2006 is under challenge.
3. Late Irfan Ali Laskar was the owner of the suit property. On 08.12.1938, on the basis of an agreement, he handed over the said plot of land to Girish Ch. Bhuiyan on monthly rent basis to be payable at the yearend. The yearly rent was Rs.110/- only. Th
All legal heirs must be represented in property claims and served notice to secure rightful interests, underlining the necessity for full inclusion in legal proceedings.
Eviction suits are maintainable without all legal heirs of a deceased tenant if at least one joint tenant is sued, upholding joint tenancy principles.
The main legal point established in the judgment is the determination of co-ownership and possession rights over the disputed land, leading to the grant of a declaration and permanent injunction in f....
The plaintiffs cannot claim a mere declaration of title without seeking further relief for possession, as stipulated by Section 34 of the Specific Relief Act, rendering the suit not maintainable.
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