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GAUHATI HIGH COURT
A.C. Upadhaya, J
On The Death of Karuna Kokoti His Legal Heirs v. Chandra Kanta Kumbhakar
| Table of Content |
|---|
| 1. overview of the appeal and claims made by the parties. (Para 1 , 2) |
| 2. defendant's claims regarding sale deeds executed. (Para 3 , 4) |
| 3. critical analysis of lower court's findings and limitations. (Para 5 , 12 , 14) |
| 4. requirements for appellate court judgments and their implications. (Para 15 , 16 , 20) |
| 5. final directive for remanding the matter. (Para 22 , 24) |
1. This Second Appeal is directed against the judgment and decree dated 06.06.2006 passed by the learned Civil Judge (Senior Division), Nalbari in Title Appeal No.2/2005 reversing the judgment and decree passed by the learned Civil Judge (Junior Division) No.1, Nalbari in Title Suit No.51/1996 decreeing the suit filed by the appellants / plaintiffs.
2. The case of the appellants / plaintiffs in brief is that the plaintiffs are the owners in possession of the suit land described in Schedule - 'Ka' to the plaint as well as other properties, all of which are their ancestral properties. The defendant No.1 is a person of litigious nature and therefore, he has brought several proceedings against the plaintiffs including Title Suit No.37/1995 whereby the said defendant No.1 had claimed the suit land described in the
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