NATIONAL GRINDLAYS BANK LTD Vs. DIBAKAR SARMA

JUDGEMENT

(1.) Both the appeals having raised common question of law on identical facts and the challenge in both the appeals being in respect of a common judgment and decree passed by the learned lower appellate Court, both the cases have been taken up for consideration together and are being disposed by this common judgment and order.

(2.) In Second Appeal No. 93/89 there is no representation on behalf of the appellant. In Second Appeal No. 105/89 Mr S.P. Roy, learned counsel for the appellant has been heard. There is no representation on behalf of the contesting respondents in either of the second appeals.

(3.) Before adverting to the merits of the grounds advanced in support of the questions of law framed and as also the question of law required to be additionally framed by this Court, a brief resume of the facts of Second Appeal No. 105/89 is considered necessary. The principal respondents in the said Second Appeal No. 105/89, as plaintiffs, instituted Title Suit No. 108/82 in the Court of the Assistant District Judge No. 1, Guwahati (now Civil Judge, Sr. Division) praying for a declaration that the auction sale of the suit land measuring 1 Bigha 2 Kathas held on 23.12.81 and the confirmation of such sale made on 26.02.82 in Title Execution case No. 7/78 arising out of Title Suit No. 32/73 as null and void. The further relief of setting aside the sale of the suit land and of delivery of possession to the plaintiff as well as for temporary injunction restraining the defendant No. 2 in the suit from disturbing the peaceful possession of the plaintiffs were also prayed for. The reliefs prayed in the suit having been refused by the learned trial Court by judgment and decree dated 17.11.87. Title Appeal No. 1/88 was filed before the first appellate Court. The first appellate Court by judgment and decree dated 04.01.89 reversed the decree of dismissal and decreed the suit of the plaintiffs giving rise to the present appeal by the defendant No. 2 in the suit.