CRP 405/2012. Gauhati High Court
| Case Number | CRP 405/2012 |
| Judgement Date | August 18, 2019 |
| Court | Gauhati High Court |
IN THE GAUHATI HIGH CoURT
(THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
CRP 405 of 2012
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FAKRUJ JAMAN LASKAR
S/ O LATE ABDUL MATI N LASKAR
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SAMSUZ ZAMAN LASKAR
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TAMRUZ ZAMAN LASKAR
ALL ARE S/ O LATE ABDUL MATI N LASKAR, VI LL UJANGRAM, PARGONA- JOYNAGAR, P.S. SI LCHAR, DI ST- CACHAR, ASSAM
- Petitioners/ Defendants .
Versus-
ON THE DEATH OF AZI R UDDI N BARBHUI YA, HI S LEGAL HEI RS
1(A) ASMA BEGUM BARBHUI YA
W/ O. LT. AZI R UDDI N BARBHUI YA.
1(B) NASI M AHMED BARBHUI YA
S/ O. LT. AZI R UDDI N BARBHUI YA.
1(C) JASHI M AHMED BARBHUI YA
S/ O. LT. AZI R UDDI N BARBHUI YA, ALL ARE R/ O. VI LL. UJANGRAM, PARGONA- JOYNAGAR, P.S. SI LCHAR, DI ST. CACHAR, ASSAM.
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SEZI M UDDI N BARBHUI YA
S/ O LATE FORJAN ALI BARBHUI YA, VI LL. UJANGRAM, PARGONA- JOYNAGAR, P.S. SI LCHAR, DI ST- CACHAR, ASSAM
- Respondent/ Plaintiffs
BEfoRE
HoN’BLE MR. JUSTICE PRASANTA KUMAR DEKA
Advocate for the appellant Ms. R Choudhury Advocate for the respondent Mr. M H Rajbarbhuiyan Date of hearing & Judgment: 18th August, 2017
JUDGMENT AND oRDER
(oRAL)
Heard Ms. R Choudhury, learned counsel appearing on behalf of the petitioner. Also heard Mr. M H Rajbarbhuiyan, learned counsel appearing on behalf of the respondents.
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This Revision application is against the judgment and order dated 12.06.2012 passed by the learned Civil Judge, No.1, Cachar, Silchar in Misc. Appeal No.16/ 2010 dismissing the
CRP 405 of 2012
appeal thereby affirming the order dated 03.04.2010 of the learned Munsiff No.2, Cachar, Silchar in Misc Case No.26/ 2009 arising out of Title Suit No.44/ 2007. The present petitioners are the defendants in Title Suit No.44/ 2007 in the said Court of Munsiff, Cachar, Silchar. The respondents as plaintiffs instituted the said suit for declaration of occupancy/ tenancy right over the Schdule-1 land and for restoration of possession over the Schedule-2 land and for further confirmation of possession over the Schdeule-1 land and for permanent injunction. The case of the plaintiffs/ respondents is that they are the occupancy tenants under Wahab Ali Laskar, the original owner of the suit land who is the predecessor in interest of the proforma defendant Nos. 4 to 8 in Title Suit No.44/ 2007. The tenancy was with respect to the said land on the condition that six mounds of paddy would be delivered in lieu of rent. During the possession of the plaintiffs/ respondents as tenant, Katcha Khatian was issued in the year 1993 and accordingly they were maintaining...
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