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2022 Supreme(Online)(Gau) 523

GAUHATI HIGH COURT
, J
Dharmeswar Baishya (Death) By LR.s. and Others v. Sarvodaya Trust Guwahati


Advocates:
For the Appellants/Petitioners: A Sattar
For the Respondents: H. K. Deka, P. Choudhury

1. Heard Mr. A Sattar, the learned for the appellants and Mr. H. K. Deka, the learned senior counsel assisted by Mr. P. Choudhury, the learned counsel for the respondents.

2. This is an appeal under S.100 of the Code of Civil Procedure challenging the judgment and decree dated 14.03.2017 passed by the Court of the Civil Judge No. 3, Kamrup (M) at Guwahati in Title Appeal No. 12/2021 whereby the said appeal was dismissed thereby affirming the judgment and decree dated 17.01.2021 passed by the Court of the Munsiff No.3, Kamrup, Guwahati.

3. This Court vide an order dated 30.05.2022 admitted the instant appeal by formulating the following substantial question of law:
(1) Whether the concurrent finding of facts arrived at by the courts below suffers from perversity without taking into consideration that Schedule - B (Schedule - II) is not a part of Exhibit - C, i.e., the registered Gift Deed dated 30.05.1977?

4. For the purpose of determination of the said substantial question of law, it is relevant to take into account the facts and circumstances of the case. For the sake of convenience, the parties herein are referred to in the same status as they stood before the trial court.

5. The pr


















































































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