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SUMAN SHYAM
Birendra Sankar Sanyal – Appellant
Versus
Dinesh Chandra Sarma – Respondent


Advocates:
Counsel for the Parties:
For the Appellants:Mr. D. Mazumdar, Sr. Advocate
For the Respondent:Mr. P.K. Kalita, Advocate

JUDGMENT

Suman Shyam, J.—This second appeal has been preferred against the judgment and decree dated 19-03-2009 passed by the learned Addl. District and Sessions Judge (FTC), Kamrup, Guwahati in Title Appeal No. 11/2007 allowing the appeal, thereby, setting aside the judgment and decree dated 30-06-2007 passed by the learned Civil Judge (Sr. Div.) No. 3, Kamrup, Guwahati in Title Suit No. 159/2005.

2. The plaintiffs’ case in brief, as projected in the plaint, is that land measuring 4B-10L covered by Dag No. 2017 of KP Patta No. 253 of Village- Betkuchi under Beltola Mouza originally belonged to one Shyama Kachari. The plaintiffs had jointly purchased the said plot of land from Shyama Kachari by means of a registered deed of purchase executed in the year 1967 whereafter, their names were also jointly mutated in respect of the said plot of land vide order dated 04-03-1970 passed by the learned SDC in connection with Mutation Case No. 1493/1966-67. Accordingly, the revenue records were corrected and the names of the plaintiffs were mutated way back in the year 1972. The aforesaid plot of land measuring 4B-10L was a low laying land and the plaintiffs used to cultivate paddy thereupon wi























































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