RSA 51/2017. Gauhati High Court
| Case Number | RSA 51/2017 |
| Judgement Date | May 17, 2019 |
| Court | Gauhati High Court |
I N THE GAUHATI HI GH COURT
(The High Court of Assam, Nagaland, Mizoram and Arunachal Pradesh)
Case No: RSA 51/ 2017
Sri Gobinda Goala and 2 others …… Appellants
- Versus -
Sri Hari Nandan Goala and 8 others ..... Respondents
:: BEFORE ::
HON’BLE MR. JUSTICE PRASANTA KUMAR DEKA
For the Appellants : Mr. S Nath
Advocate
For the Respondents : Ms. S Senapati
Advocate
Date of Hearing : 17.05.2017
Date of delivery of
Judgment and Order : 17.05.2017
JUDGMENT AND ORDER (ORAL)
Heard Mr. S Nath, learned counsel appearing on behalf of the appellants and Ms. S Senapati, learned counsel appearing on behalf of the respondents.
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This second appeal is against the judgment and decree dated 31.03.2016 passed by the learned Civil Judge No. 1, Cachar at Silchar in title appeal No. 17/ 2013. The present appellants are the plaintiffs in title suit No. 42/ 2001 which was filed in the court of learned Munsiff No. 2, Cachar at Silchar. The plaintiff appellants’ plea that the suit land was owned by her father, one Ramhit Goala
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RSA 51/2017
which was sold to him by one Ramjosh alias Ramjoy Goala. Since then the father of the plaintiffs were enjoying the possession over the suit land. The said sale took place by way of registered sale deed bearing No. 5476 dated 14.10.1966 and on the death of Ramhit Goala the plaintiff appellant No. 2 being the daughter of Ramhit Goala has been residing in the homestead land so purchased and also cultivating the agricultural land with her husband. The principal defendant No. 1 started digging the suit land forcibly following which a proceeding under Section 145/ 146 of the Cr.P.C. was drawn up. However, the same had to be dropped on the question of maintainability of the same. The plaintiffs/ appellants came to know on enquiry that the principal defendant No. 1 in collusion with one Ramswarup Goala and his son Ramjosh alias Ramjoy Goala (the vendor of Ramhit Goala) filed title suit No. 12/ 1968 in the court of Assistant District Judge No. 2, Cachar in respect of land of the suit patta. The defendants/ respondents on the suit being dismissed, preferred title appeal No. 7/ 1969 before the learned District Judge, Cachar at Silchar and thereafter second appeal No. 100/ 1973, which was renumbered as second appeal No. 41/ 1983 was preferred before this court and in the said second appeal vide order dated 08.01.1998 as revealed that a compromise had been effected between the parties on
01.04.1984 in title suit No. 12/ 1968. The...
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