LAKHI BARUAH Vs. PADMA KANTA KALITA

JUDGEMENT

(1.) Leave granted. Heard learned counsel for the parties.

(2.) This appeal is directed against judgment dated December 17, 1993 passed by the High Court of Guwahati in Second Appeal No. 46 of 1993. By the aforesaid judgment, the High Court dismissed the appeal preferred against judgment and decree dated March 29, 1993 passed by the learned Assistant District Judge. Sonitpur in Title Appeal No. 7 of 1992 reversing the judgment and decree dated February 28, 1992 passed by the learned Munsif. IInd Court, Tezpur passed in Title Suit No. 55 of 1981.

(3.) Shri Pusmoa Kanta Kalita and Shri Padma Kanta Kalita, namely plaintiff Nos. 1 and 2, instituted title suit No. 55 of 1981 in the Court of learned Munsif at Tezpur against defendants Smt. Aikon Baruah, Shri Dakshi Baruah, Shri Basu Baruah, Shri Bikash Baruah, Shri Babui Baruah, Shri Jitan Baruah and Smt. Sonmal Baruah for a declaration that the plaintiff No. 1 was the sole and lawful owner of the lands in Schedule A to the plaint and for further declaration that the registered Sale Deed of 1950 of Tezpur was forged, null and void and was inoperative so far as the plaintiff No. 1 was concerned and also for a declaration that plaintiff No. 2 had right title and interest in the lands as described in Schedule B to the plaint by virtue of his purchase of the said lands from plaintiff No. 1. The prayer for consequential relief by way of delivery of the possession of the suit property to the plaintiff No. 2 after evicting the defendants from the said lands was also made.