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GAUHATI HIGH COURT - PRINCIPAL SEAT AT GUWAHATI
Not mentioned, J
BIRENDRA SINGHA and 5 ORS – Appellant
Versus
PREMTON SINGHA – Respondent
| Table of Content |
|---|
| 1. facts concerning the family dispute over land ownership. (Para 2 , 3 , 4 , 5 , 6) |
| 2. arguments regarding proof of fraud and jurisdiction. (Para 8 , 9 , 10 , 11 , 12) |
| 3. court's considerations of evidence and legal standards. (Para 14 , 15 , 16 , 17 , 19 , 21 , 22 , 23) |
| 4. emphasis on the plaintiff's burden of proving fraud. (Para 20) |
| 5. final decision declaring the suit void. (Para 26) |
JUDGMENT AND ORDER (Oral)
Date : 29-01-2019
Heard Mr. S. K. Ghosh, learned counsel for the appellant. I have also heard Mr. P. K. Deka, learned counsel representing the sole respondent.
2. This appeal has been preferred against the judgment and decree dated 07.06.2014 passed by the learned Civil Judge, Hailakandi in Title Suit No.02/2012 decreeing the suit filed by the plaintiff/respondent.
3. The facts of the case, in a nutshell, is that the plaintiff is one of the sons of Late Uttar Singha, who had acquired certain shares in his ancestral land on the basis of a deed of family partition. Subsequently, by means of a registered deed of sale dated 15.09.1999 bearing No.1168, Uttar Singha during his lifetime, had transferred land measuring 2 Bighas 8 Kathas and 8 Chataks in favour of his two s
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