NIBARAN CHANDRA NATH Vs. KUMUD CHANDRA NATH

JUDGEMENT

(1.) Challenge in this first appeal is made against the judgment and decree dated 31.03.1997 passed in Title Suit No. 22 of 1991 (titled as Nibaran Chandra Nath Vs. Kumud Chandra Nath & Ors.) by the learned District Judge, Nalbari, whereby and whereunder the learned District Judge, dismissed the suit holding that the suit is not maintainable for want of notice under Section 106 of the Transfer of Property Act, 1882 (Act 1882 for short) and notice under Section 11 of the Assam Non-Agricultural Urban Areas Tenancy Act, 1955 (Act 1955 for short).

(2.) The appeal originally came up for hearing before a Single Bench who after hearing both the parties allowed the appeal vide judgment dated 07.10.1999. On being aggrieved, the respondent herein preferred an LPA being No.16/1999 before a Division Bench of this Court. The Division Bench disposed of the LPA by setting aside the judgment passed by the learned Single Bench and remanded the case for fresh decision on merits of the entire appeal. Accordingly it has been listed before this Court for final disposal.

(3.) Heard Mr. N Choudhury, learned counsel appearing for the appellant. Also heard Mr. P.C Deka, learned Senior counsel assisted by Mr. N Deka, learned counsel appearing for the respondents.