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IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
DEVASHIS BARUAH
Angad Paul S/o Late Bhawani Paul – Appellant
Versus
Sulekha Chanda W/o Shri Ranadhir Chanda – Respondent
JUDGMENT :
DEVASHIS BARUAH, J.
1. Heard Mr. G.N. Sahewalla, the learned Senior Counsel assisted by Ms. M. Baruah, the learned counsel appearing on behalf of the appellants. Mr. K.K. Dey, the learned counsel appears on behalf of the respondent.
2. This is an appeal challenging the judgment and decree dated 26.07.2011 passed by the Court of the learned Civil Judge No. 2, Cachar at Silchar (hereinafter referred to as, the learned First Appellate Court”) in Title Appeal No. 51/2005 whereby the appeal was dismissed thereby confirming the judgment and decree dated 12.07.2005 passed by the Court of the learned Civil Judge (Junior Division) No. 1, Cachar at Silchar (hereinafter referred to as, “the learned Trial Court”) in Title Suit No. 172/1997.
3. It is seen from the records that the learned Coordinate Bench of this Court vide an order dated 22.09.2011, admitted the present appeal by formulating as many as 7 (seven) substantial questions of law. The said 7 (seven) substantial questions of law are reproduced herein under:
“A. Whether the finding of the courts below on issue No. 3 in favour of the plaintiff/respondent is perverse although Biswajit Paul was not arrayed as a party in view of the
The courts upheld the plaintiff's occupancy rights over the disputed land, emphasizing the necessity of proper procedural adherence and the inadmissibility of unregistered documents for establishing ....
Tenancy claims under the Assam Tenancy Act must adhere to statutory provisions, and civil courts have jurisdiction when administrative processes violate due diligence.
An oral gift of land is valid if the donor possessed legal title; non-joinder of parties is non-fatal if no relief sought against absent parties.
Tenancy rights established under the Assam (Temporarily Settled Areas) Tenancy Act, 1971 take precedence over invalid claims based on improper sale deeds.
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.
Mere possession for a long time does not convert permissive possession into adverse possession. The burden of proof rests on the party claiming adverse possession, and unregistered documents may not ....
Point of Law : Merely giving suggestions and not adducing any evidence to substantiate the same, cannot entitle the plaintiff to a decree as prayed for.
Concurrent findings of fact by the Trial Court and First Appellate Court are binding and cannot be interfered with under Section 100 of the CPC.
Non-occupancy tenancy rights are inheritable under the Hindu Succession Act, contradicting earlier rulings that deemed them non-heritable.
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