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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
DEVASHIS BARUAH
Mustt. Malekjan bewa – Appellant
Versus
Md. Kumar Ali – Respondent
| Table of Content |
|---|
| 1. appeal filed under cpc challenging earlier judgments. (Para 3) |
| 2. appellate process initiated under specific sections. (Para 4 , 5) |
| 3. overview of facts and scope of claimed rights. (Para 6) |
| 4. plaintiffs seek relief for land rights and injunction. (Para 7) |
| 5. details regarding ownership and fraudulent sale. (Para 8 , 9 , 10 , 11 , 12) |
| 6. issues framed concerning maintainability and rights. (Para 13 , 14 , 15) |
| 7. trial court's findings on plaintiffs' rights. (Para 16) |
| 8. trial court decreed suit in favor of plaintiffs. (Para 17) |
| 9. first appellate court's affirmation of trial decision. (Para 18 , 19 , 20) |
| 10. appellants’ arguments regarding sale deed and partition. (Para 21 , 22 , 25) |
| 11. court's observations on sale deed relevance. (Para 23 , 24 , 26) |
| 12. modification of decree regarding land rights. (Para 27) |
| 13. conclusion and orders resulting from appeal. (Para 28 , 29 , 30) |
JUDGMENT :
DEVASHIS BARUAH, J.
Heard Mr. A. Biswas, the learned counsel appearing on behalf of the appellants.
2. Ms. R. Choudhury, the learned counsel appears on behalf of the respondent Nos. 2a to 2 g, 3, 4, 5, 6 and 7. She further submitted that she has instruction(s) to appear on behalf of the newly
The plaint should be interpreted as a whole, allowing claims within the ambit of further reliefs under the Specific Relief Act, despite procedural objections raised by defendants.
The court ruled that framing additional issues after arguments is lawful if it aids in resolving the matter, and failure to substantiate claims regarding tenancy rights led to dismissal of the appeal....
The court established that factual determinations regarding possession and the validity of sale deeds do not constitute substantial questions of law under Section 100 of the CPC, and affirmed the aut....
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 court affirmed that rights must be specified in decrees for land entitlements, necessitating modifications in circumstances of non-possession.
It is trite that once declaration of right, title and interest have been granted in favour of a particular person, person who claims adversarial interest has to show a better title as to why he shoul....
The court affirmed that procedural defects in land ownership suits are curable and that the plaintiffs' suit was not barred by limitation, allowing recovery of possession.
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....
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