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2018 Supreme(Online)(GAU) 288

HIGH COURT OF GAUHATI
PRASANTA KUMAR DEKA, J
AMULYA SAHA and ORS. – Appellant
Versus
BIMAL SAHA – Respondent


Advocates:
For the Appellants/Petitioners: MS.B SARKAR
For the Respondents: MR.G N SAHEWALLA

ORDER

Date : 27-11-2018

Heard Mr. G. P. Bhowmick learned senior counsel assisted by Ms. M. Kalita learned counsel for the appellant and also heard Mr. G. N. Sahewalla learned Senior counsel assisted by Ms. B. Sarma, learned counsel for the respondent Nos. 18 to 28.

2. The present appellants are plaintiffs in Title Suit No. 8/1999 in the Court of learned Civil Judge (Sr. Division), Barpeta which was filed against 30 nos. of defendants seeking (a) for the plaintiff’s tenancy right and that they are not evictable from the commercial suit premises (b) plaintiff’s right, title and interest and possession and (c) for confirmation of possession for permanent injunction in favour of the plaintiffs restraining the defendants permanently from selling the suit premises etc (d) for the cost of the suit . The suit premises consists of a plot of land measuring 1 katha 5 lechas out of 2 kathas 10 lechas covered by periodic patta No. 74/469 of dag No. 707 situated at Barpeta Road Town under Mauza Gobardhana over which two C. I. Sheet houses with latrine and pucca well are standing with defined boundaries. One late Birendra Kumar Roy was the original owner of the said land measuring 1 katha 5 lechas a

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