LAWS(GAU)-2015-6-46

JAYA HANDIQUE AND ORS. Vs. BIMALA DUTTA

Decided On June 26, 2015
Jaya Handique And Ors. Appellant
V/S
Bimala Dutta Respondents

JUDGEMENT

(1.) HEARD Mr. B.D. Goswami, learned counsel for the appellants. Also heard Mr. A.C. Sarma, learned counsel for the respondent.

(2.) THIS appeal is preferred by the successors of the original defendant against the judgment and decree dated 13.11.2003 passed by the learned Civil Judge (Sr. Divn.) No. 2, Guwahati in Title Appeal No. 40/2002 dismissing the appeal and affirming the judgment and decree dated 30.04.2002 passed by the learned Civil Judge (Jr. Divn.) No. 1, Guwahati in Title Suit No. 101/1995. The second appeal was admitted to be heard by an order dated 06.04.2004 on the following substantial questions of law:

(3.) THE plaintiff filed the suit through her attorney, who is her husband, for right, title and interest in respect of 3 Katha 10 Lecha of land covered by Dag No. 2335, Dag No. 2336, Dag No. 2334 and Dag No. 2341/3685 covered by K.P. Patta No. 2198 of Sahar Sarania, 2nd Khanda, Mouza - Ulubari with a two -storied RCC building, a thatched house, etc. described fully in the Schedule -A of the plaint and for decree of eviction of the defendant from the Schedule -B within the Schedule -A land.