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IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESHDEVASHIS BARUAH
DEVASHIS BARUAH
On the Death of Bhuban Mohan Das His Legal Heirs Smt. Lakshmi Prabha Das W/o Bhuban Mohan Das – Appellant
Versus
On the Death of Late Samaresh Banerjee His Legal Heirs Namely: Smti. Bulu Banerjee W/o Late Samaresh Banerjee – Respondent
| Table of Content |
|---|
| 1. background on mortgage and disputes. (Para 2 , 6 , 7 , 8 , 9 , 10 , 11) |
| 2. trial court findings and appeal. (Para 12 , 13 , 14 , 15 , 16) |
| 3. substantial questions of law considered. (Para 19 , 20 , 21) |
| 4. limitation issues raised. (Para 22 , 23 , 24 , 25) |
| 5. final judgment dismissing the appeal. (Para 26 , 27) |
JUDGMENT :
DEVASHIS BARUAH, J.
1. Heard Mr. D. Choudhury, the learned counsel appearing on behalf of the appellants and Ms. S. Chakraborty, the learned counsel appearing on behalf of the respondent Nos. 1.1, 1.2 and 1.3.
2. This is an appeal filed under Section 100 of the Code of Civil Procedure, 1908 (for short ‘the Code’) challenging the judgment and order dated 29.03.2008 passed by the learned Civil Judge (Senior Division) No.1, Kamrup at Guwahati (for short ‘the learned First Apellate Court) in Title Appeal No. 76/2001 whereby the judgment and decree dated 21.07.2001 passed by the learned Civil Judge (Junior Division) No.1, Guwahati (for short ‘the learned Trial Court) in Title Suit No.402/1994 was set aside and quashed.
3. It is seen from the records that the Coordinate Bench of this Court vide an order dated 03.12.2008 formulated two substantial questions of
The absence of a valid contract and significant delays in filing the suit rendered the plaintiff's claims unenforceable, emphasizing strict adherence to property law principles and limitations.
The court upheld that a partition among co-owners allows individual members to execute sale agreements for their shares without needing consent from others, reinforcing the enforceability of prior co....
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.
Co-owners in a property can only transfer their share; deeds beyond their share are void. Courts can declare instrument void without explicit challenge when addressing concurrent rights.
Redemption of mortgage – Mortgagor has right to redeem at any time provided his right is so extinguished by act of parties.
The main legal point established in the judgment is that a suit for recovery of possession without seeking redemption of the mortgage is not maintainable under Section 34 of the Specific Relief Act, ....
An injunction cannot be granted when the underlying contract is contingent, as it violates the principles of specific performance and appellate jurisdiction.
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