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IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
ROBIN PHUKAN
Osia Bewa W/o Late Mohammad Sk. – Appellant
Versus
Mustt Rezaun Nessa W/o Late Sorhab Ali Sarkar – Respondent
| Table of Content |
|---|
| 1. facts of the case (Para 3) |
| 2. the plaintiff's ownership and the nature of permissive occupation were affirmed. (Para 4) |
| 3. arguments presented by appellants and respondents (Para 5 , 6 , 10) |
| 4. court's analysis on title and rights (Para 8 , 9 , 11) |
| 5. final dismissal of the appeal (Para 12) |
JUDGMENT :
ROBIN PHUKAN, J.
1. Heard Mr. T.J. Mahanta, learned Senior Counsel, assisted by Mr. D. Mahanta, learned counsel for the appellants/defendants and also heard Mr. A. Islam, learned counsel for the respondent No.1/plaintiff.
2. This second appeal, under Section 100 of the Code of Civil Procedure, 1908 is directed against the judgment and decree, dated 24.06.2016, passed by the learned Civil Judge, Dhubri, (First Appellate Court in short) in Title Appeal No.74/2013. It is to be noted here that vide impugned judgment and decree, dated 24.06.2016, the learned Civil Judge, Dhubri, has dismissed the appeal and thereby affirmed the judgment and decree dated 31.08.2013, passed by the learned Munsiff No.1, Dhubri, (Trial Court in short) in Title Suit No.267/1997.
3. The background facts leading to filing of the present appeal is briefly stated as under:-
“The respondent No.1 - Smt. Re
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.
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 ....
The first appellate court's findings of fact are final unless found to be manifestly perverse or contrary to the evidence on record.
The main legal point established in the judgment is that ownership rights over land must be supported by valid evidence and in accordance with the provisions of the Mizo District (Land and Revenue) A....
Tenancy claims under the Assam Tenancy Act must adhere to statutory provisions, and civil courts have jurisdiction when administrative processes violate due diligence.
Concurrent findings of the trial court and first appellate court are binding unless demonstrated to be perverse; appeals under Section 100 cannot disturb established facts without substantial questio....
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