CHANIKA CHOUHAN Vs. HIRANYA KUMAR DAS

JUDGEMENT

(1.) Heard Mr. R. Sarma, the learned counsel appearing on behalf of the Appellants and Mr. S. Ali, the learned counsel appearing on behalf of the Respondent.

(2.) The instant appeal is an appeal under Order XLIII Rule 1(u) of the Code of Civil Procedure, 1908 (for short "the Code") challenging the order dtd. 3/12/2014 passed in Title Appeal No.46/2012 whereby the learned First Appellate Court i.e. the learned Civil Judge, Kamrup at Amingaon had set aside the common judgment and decree dtd. 27/5/2011 passed in Title Suit No.896/2006 and Title Suit No.147/2007 by the learned Munsiff, Kamrup at Guwahati (for short "the learned Trial Court") thereby remanding the suits back to the learned Trial Court to pass a fresh judgment in all issues by examining the original Sale Deed No.350/2000 dtd. 21/11/2000 and if necessary by examining the Registers, concerned officials of the Sub- Registrar, Boko in regard to the said Sale Deed.

(3.) From the materials on record, it reveals that the predecessor-in-interest of the Appellants herein had filed a suit being Title Suit No.62/2001 against the Respondents herein seeking declaration of their right, title and interest over the property described in the Schedule to the plaint; for declaration that the Sale Deed bearing Deed No.350/2000 dtd. 21/11/2000 which was purported to have been executed by the Plaintiff No.1 was illegal, void, inoperative in law; for cancellation of the Sale Deed bearing Deed No.350/2000 dtd. 21/11/2000 being void, illegal and inoperative and for mandatory and perpetual injunction.