RSA 97/2017. Gauhati High Court

Case NumberRSA 97/2017
Judgement DateApril 03, 2021
CourtGauhati High Court

I N TH E GAUH ATI H I GH COURT

( THE HI GH COURT OF ASSAM, NAGALAND, MI ZORAM & ARUNACHAL PRADESH)

PRI N CI PAL SEAT RSA N o. 9 7 / 2 0 1 7 1. Sm ti Kalpana Rabha,

Wife Golok Rabha

Resident of No. 2, Nalapara, PS Boko, P.O. Nalapara,

District- Kam rup ® , Assam .

  1. Sm ti Kat iri Rabha,

Wife of late Siddik Rabha,

Resident of No. 2, Nalapara, PS Boko, P.O. Nalapara,

District- Kam rup ® , Assam .

………………. Appella nt s

- Versus-

Sm ti Taj o Rabha,

Wife of Sri Mandir Ranha,

Resident of No. 2, Nalapara,

PS Boko, P.O. Nalapara,

District- Kam rup ® , Assam .

……………. Responde nt

Advocate for the appellants: M r. Ta luk da r,

Advocate.

Advocate for the respondents: M r. BK Bha goba t i,

Advocate.

- B E F O R E –

H ON ’BLE M R. JUSTI CE PRASAN TA KUM AR DEKA Date of hearing : 03.04.2017

Date of j udgm ent & order : 03.04.2017

JUDGM EN T & ORD ER ( ORAL)

Heard Mr. M. Talukdar, learned counsel, appearing on behalf of the appellants. Also heard Mr. BK Bhagowati, learned counsel, appearing for the respondent.

2] This second appeal has been preferred by the appellant/ defendant No. 1, daughter of late Siddik Rabha and the appellant No. 2, wife of late Siddik Rabha against the plaintiff/ respondent, who is the daughter of late Siddik Rabha.

3] The plaintiff/ respondent preferred T.S. No. 53/ 2010 for declaration of her right , t it le and interest, confirm ation of possession, part it ion of separated share and perm anent inj unction

claim ing the share of the plaintiff/ respondent over the property left by her late father Siddik Rabha. Her father was the owner and recorded pattadar of 9 Bighas 3 Kathas 11 lechas of land covered by Patt a No. 39, dag Nos. 223, 549, 230 and 538 of revenue Village No. 2, Nalapara Mouza Nuki in t he District of Kam rup ( R) , Assam . The plaintiff/ respondent and the defendants/ appellants are the only legal heirs of late Siddik Rabha, who died in t he year 2003.

4] The defendant/ appellants contested the suit by denying and challenging t he claim of the plaint iff/ respondent and also took the defence that during the life tim e of late Siddik Rabha, the plaintiff/ respondent left her parents and m arried Shri Mondir Rabha thereby relinquishing her right in her paternal property. Late Siddik Rabha and his wife in the year 1984 prayed to the Circle Officer to record the nam e of their daught er, the present defendant/ appellant No. 1 in the revenue record by virtue of her right of inheritance for which the Circle Officer vide...

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