GAHC010224962024

2025:GAU-AS:5189 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : RSA/220/2024 MUSST ASIA KHATUN W/O LATE JAMUDDIN, RESIDENT OF VILLAGE NO. 2, URANGBASTI, PS NOWBOICHA, DIST LAKHIMPUR, ASSAM VERSUS PATRIK URANG AND 4 ORS S/O LATE SIMON URANG, RESIDENT OF VILLAGE NO. 2, URANGBASTI, PS NOWBOICHA, DIST LAKHIMPUR, ASSAM

2:KELMEN URANG S/O LATE PHILIP URANG RESIDENT OF VILLAGE NO. 2 URANGBASTI PS NOWBOICHA DIST LAKHIMPUR ASSAM

3:BILIYAM URANG S/O LATE ANTA SIUJ URANG RESIDENT OF VILLAGE NO. 2 URANGBASTI PS NOWBOICHA DIST LAKHIMPUR ASSAM

4:ALBINOD URANG S/O LATE ANTA SIUJ URANG RESIDENT OF VILLAGE NO. 2 URANGBASTI PS NOWBOICHA DIST LAKHIMPUR ASSAM

5:PAULUCH URANG S/O LATE ANTA SIUJ URANG RESIDENT OF VILLAGE NO. 2 URANGBASTI PS NOWBOICHA DIST LAKHIMPUR ASSA Advocate for the Petitioner : MR. A GANGULY, MR. A DHANUKA Advocate for the Respondent : MS. P BHATTACHARYA ( ALL RESPONDENTS), MR. T J MAHANTA(ALL RESPONDENTS),MR. A BORUA ( ALL RESPONDENTS),MS P SARMA ( ALL RESPONDENTS)

Linked Case : RSA/216/2024 NURUL AMIN S/O ABDUL GOFUR RESIDENT OF VILLAGE NO. 2 URANGBASTI PS NOWBOICHA DIST LAKHIMPUR ASSAM VERSUS PATRIK URANG AND 4 ORS S/O LATE SIMON URANG RESIDENT OF VILLAGE NO. 2 URANGBASTI PS NOWBOICHA DIST LAKHIMPUR ASSAM

2:KELMEN URANG S/O LATE PHILIP URANG RESIDENT OF VILLAGE NO. 2 URANGBASTI PS NOWBOICHA DIST LAKHIMPUR ASSAM

3:BILIYAM URANG S/O LATE ANTA SIUJ URANG RESIDENT OF VILLAGE NO. 2 URANGBASTI PS NOWBOICHA DIST LAKHIMPUR ASSAM

4:ALBINOD URANG S/O LATE ANTA SIUJ URANG RESIDENT OF VILLAGE NO. 2 URANGBASTI PS NOWBOICHA DIST LAKHIMPUR ASSAM

5:PAULUCH URANG S/O LATE ANTA SIUJ URANG RESIDENT OF VILLAGE NO. 2 URANGBASTI PS NOWBOICHA DIST LAKHIMPUR ASSAM ------------

Advocate for : MR. A GANGULY Advocate for : MS. P BHATTACHARYA (ALL RESPONDENTS) appearing for PATRIK URANG AND 4 ORS BEFORE HON’BLE MR. JUSTICE DEVASHIS BARUAH Advocate for the appellant(s) : Mr A Ganguly.

Advocate for the respondent(s) : Ms P Bhattacharya.

Date of Hearing and Judgment : 29.04.2025

JUDGMENT AND ORDER (ORAL)

Heard Mr A Ganguly, the learned counsel appearing on behalf of the appellants, in both the appeals and Ms P Bhattacharya, the learned counsel appearing on behalf of the respondent Nos. 1 to 5, in both the appeals.

2. Both the appeals are directed against the common judgment and Decree dated 01.08.2024, passed by the learned Civil Judge (Senior Division), Lakhimpur, at North Lakhimpur (hereinafter, referred to the Learned First Appellate Court), in Title Appeal No. 4/2024, thereby confirming the judgment and decree, 04.01.2024, passed by the learned Civil Judge (Junior Division No. 1), Lakhimpur, at North Lakhimpur (hereinafter, referred to as the Learned Trial Court), in Title Suit No. 39/2019. As both the appeals arise out of Title Suit No. 39 of 2019, and challenges the judgment and decree dated 01/08/2024, passed by the Learned First Appellate Court, both the appeals are taken up together to ascertain as to whether any substantial question of law can be formulated in terms with Section 100 (4) of the Code of Civil Procedure, 1908 (for short, “the Code”). For the purpose of ascertaining the said, this Court finds it relevant to take note of the facts, which led to the filing of the present appeals. For the sake of convenience, the parties herein are referred to, in the same status as they stood before the Learned Trial Court.

3. The respondents herein, as plaintiffs had filed a suit before the Learned Trial Court, which was registered and numbered as Title Suit 39 of 2019, seeking declaration of their right, title and interest, over the suit land, as described in the plaint, along with recovery of Khas possession; for a decree for cancellation of the mutation of the defendants, as well as for permanent injunction. The case of the plaintiffs in the suit was that a plot of land admeasuring 7 Bighas 0 Katha 4 Lechas, was the ancestral property of the plaintiffs. One Simon Orang, who was the father of the p