JOY RAM CHAUHAN Vs. SUDAMA CHAUHAN

JUDGEMENT

(1.) Heard Mr. A. Iqbal, learned counsel representing the appellants as well as Mr. A. Sattar, learned counsel appearing for the respondents.

(2.) This is a regular second appeal under Sec. 100 of the Code of Civil Procedure (CPC) whereby the judgment and decree dtd. 16/9/2019 passed by the court of the Addl. District Judge (FTC) No.3, Kamrup (M) at Guwahati in Title appeal No.25/2013, confirming and upholding the judgment and decree dtd. 27/9/2013 passed by the court of the Civil Judge No.2, Kamrup (M) at Guwahati in Title Suit No.17/2007, is under challenge.

(3.) The case of the appellants in a nutshell- Lakshmi Prasad Nunia and Sitaram Nunia were brothers. They inherited some lands from their predecessors. Out of their ancestral land, they sold of a part of it and the remaining portion of the land was partitioned amongst themselves. In that partition, a plot of land measuring 4 kathas and 8 lechas of Dag No.650 of KP Patta No.553 under Ulubari Mouza went to the share of Lakshmi Prasad Nunia and after his death, the appellants, being his legal heirs, inherited that property. Sitaram Nunia @ Chauhan was suffering from cancer and in need of money. Therefore, he sold his share of land to other persons. Sitaram Nunia @ Chauhan left behind his wife and children.