GAHC010035502025

2026:GAU-AS:182

THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : RSA/38/2025

THANU LAHON

S/O LATE LALIT CHNDRA LAHON, R/O ABHAYAPUR GAON, NEAR

ABHAYAPUR STADIUM, MORAN, DIST. DIBRUGARH, ASSAM, PIN 785670

VERSUS

KIRITMOTI SATNAMI AND 2 ORS

W/O LATE RUNGU SATNAMI, D/O LATE AM BHAGAT SATNAMI, R/O NO 2

DIGHALIA VILLAGE, P.O. BAMUNBARI, P.S. TINGKHONG, DIST.

DIBRUGARH, ASSAM, PIN 786613

2:SMTI MONI SATNAMI

D/O LATE RAM BHAGAT SATNAMI

R/O NO 2 DIGHALIA VILLAGE

P.O. BAMUNBARI P.S. TINGKHONG

DIST. DIBRUGARH

ASSAM

PIN 786613

3:SMTI PINKI SATNAMI

W/O LATE NARESH SATNAMI

R/O KHAGRIJAN TEA ESTATE SAPEKHATI

P.O. AND P.S. SAPEKHATI

DIST. CHARAIDEO

ASSAM

PIN 78570

Advocate for the Petitioner : MR. A BISWAS, S PAUL,MR P K BASU,MR N P DAS

Advocate for the Respondent : ,

BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN

ORDER

Date : 06.01.2026 Heard Mr. A. Biswas, learned counsel for the appellant.

2. In this appeal, under Section 100 of the CPC, the appellant has put to challenge the correctness or otherwise of the judgment and decree, dated 22.11.2024, passed by the learned Civil Judge (Sr. Division), Dibrugarh (First Appellate Court, hereinafter), in Title Appeal No. 08/2012.

3. It is to be noted here that vide impugned judgment and decree, dated 22.11.2024, the learned first appellate Court had allowed the Title Appeal No. 08/2012 and thereby upheld the judgment and decree, dated 19.12.2011, passed by the learned Munsiff No.1, Dibrugarh (Trial Court hereinafter), in Title Suit No. 81/2009, whereby the learned trial Court had decreed the suit in favour of the plaintiffs/respondents herein.

4. Herein, the status of the parties, as indicated in the Title Suit No. 81/2009, is adopted for the purpose of convenience and to avoid confusion.

Background Facts:-

5. The background facts, leading to filing of the present appeal, are adumbrated herein below:-

Late Nanka Satnami, the mother of the plaintiffs and proforma defendant No 6 and mother-in-law of the defendant No. 1, was the owner of the land measuring 4 bigha 3 katha covered by dag No. 132, and 6 bigha 2 lecha covered by dag No. 133 of both P. P. No. 43 of No.2 Digholia Gaon, land of 2 bigha 2 katha in dag No. 138, land measuring 1 bigha 13 lecha in dag No. 131 of P.P. No. 201 of No.2 Dighloia Gaon. Nanka Satnami sold 4 bigha land from the dag No.

133 of P.P.No.43 of No.2 Digholia Gaon.

Late Nanka Satnami, died leaving behind the plaintiffs and proforma-defendant No. 6, on 6/1/1999. During his lifetime, Naresh Satnami, the husband of defendant No.1, depriving other legal heirs illegally mutated his name in the record of rights showing himself as the sole legal heir of Late Nanka Satnami, without knowledge of plaintiffs. The defendant No.1 further illegally mutated her name in place of her Late husband -Naresh Satnami leaving aside the other legal heirs of original pattadar Late Nanka Satnami, without issuing notice to the plaintiffs. The defendant No.1 had also sold a plot of land of 2 bigha from dag No. 132 of P.P. No.43 and another plot of land measuring 1 bigha 13 lecha from dag No. 131 of P.P. No. 201 to defendant No. 2 illegally, stealthily which is the suit land.

To this effect the plaintiff had filed complaint before Circle Officer on 5/12/2008, to stop mutation in the name of defendant No.1 and to restore name of legal heirs of Late Nanka Satnami, but the Circle Officer did not pay any heed. Thereafter, on 03/01/2009, the plaintiff had served legal notice to the Deputy Commissioner, Chief Secretary, Circle Officer for redressal of their grievance. Thereafter, on 02/01/2009, the defendant No.2 threatened the plaintiff with dire consequences and by force ploughed the suit land and dismantled the kutcha house with help of his employees and trying to encroach the suit land and obstructing the plaintiffs in their peaceful possession and are plucking tea by force.

Thereafter, the plaintiff had instituted the suit for declaration of right, title, possession, for injunction