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GAUHATI HIGH COURT - PRINCIPAL SEAT AT GUWAHATI
ON DEATH OF JAWAHARLAL DEV NATH HIS LEGAL HEIRS - MINATI RANI DEVI AND 4 ORS.(DECEASED) – Appellant
Versus
PUSPA SARMA – Respondent


Advocates:
['A C SARMA', '', 'P MEDHI', 'P KAKATI', 'R DEKA', 'O P BHATI', '', 'P SARMA', 'T C DAS']

ORDER

Date : 26-10-2021 Heard Mr. A.C. Sarma, learned counsel for the petitioners as well as Mr. O.P. Bhati, learned counsel for the respondent.

2. The present petitioner is the judgment debtor in Title Execution Case No. 3/2012, wherein the present respondent/decree holder was entitled for recovery of possession of the decreetal land measuring 2 katha 7 ½ lechas covered by old Dag No. 2 of K.P. Patta No. 2(old). The said decree was duly executed on 23/07/2017. The Lat Mandal had submitted a report dated 23/10/2017 to the Executing Court as regards demarcation of the decreetal land. For the purpose of convenience, the translated portion of the report dated 23-10-2017 is quoted herein below :

“In connection with T.Ex. Case No. 3/2012 land measuring 6.18 Are covered by old Dag No. 2, new Dag No. 8 of old K.P. Patta No. 8, New K.P. Patta No. 789 and land measuring 0.17 Are covered by old Dag No. 2, New Dag No. 9 of old K.P. Patta No. 8, New Patta No. 207 in total 6.35 Are ( 2 kathas 7 ½ lechas) have been measured and shown to the civil najir of the Hon’ble Court.”

3. From the above quoted report, it transpires that land measuring 6.18 Are covered by old Dag No. 2/(New) Dag No. 8 of old K.

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