Gauhati High Court
Sri Amrit Singh And Anr vs Sri Ashok Sarmah And 5 Ors on 20 May, 2019
Author: Prasanta Kumar Deka
Bench: Prasanta Kumar Deka
Page No.# 1/5
GAHC010104122019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : RSA 104/2019
1:SRI AMRIT SINGH AND ANR
S/O- LATE KARTOL SINGH, R/O- KHATKHATI BAGICHA GAON,
KHALOIGHUGRA MOUZA, P.O. MORAN KHATKHATI, DIST.- CHARAIDEO,
ASSAM.
2: SRI HARBONS SINGH @ BILLA
S/O- LATE MOHENDRA SINGH
R/O- KHATKHATI BAGICHA GAON
KHALOIGHUGRA MOUZA
P.O. MORAN KHATKHATI
DIST.- CHARAIDEO
ASSAM
VERSUS
1:SRI ASHOK SARMAH AND 5 ORS.
S/O- LATE DWARIKA NATH LOHAR, R/O- JHALEM GAON, SEPON MOUZA,
P.O. MORAN KHATKHATI, DIST.- DIBRUGARH, ASSAM.
2:SRI MUKTI SARMAH
S/O- LATE DWARIKA NATH LOHAR
R/O- JHALEM GAON
SEPON MOUZA
P.O. MORAN KHATKHATI
DIST.- DIBRUGARH
ASSAM.
3:SRI SIV KUMAR SARMAH
S/O- LATE DWARIKA NATH LOHAR
R/O- JHALEM GAON
SEPON MOUZA
P.O. MORAN KHATKHATI
DIST.- DIBRUGARH
ASSAM.
Page No.# 2/5
4:SRI DINESH SARMAH
S/O- LATE DWARIKA NATH LOHAR
R/O- JHALEM GAON
SEPON MOUZA
P.O. MORAN KHATKHATI
DIST.- DIBRUGARH
ASSAM.
5:SRI SUDHIR SARMAH
S/O- LATE DWARIKA NATH LOHAR
R/O- JHALEM GAON
SEPON MOUZA
P.O. MORAN KHATKHATI
DIST.- DIBRUGARH
ASSAM.
6:SRI RAJESH SARMAH
S/O- LATE DWARIKA NATH LOHAR
R/O- JHALEM GAON
SEPON MOUZA
P.O. MORAN KHATKHATI
DIST.- DIBRUGARH
ASSAM
Advocate for the Petitioner : MR G N SAHEWALLA
Advocate for the Respondent : MR H RAHMAN
with I.A.(Civil) 1723/2019
1:SRI AMRIT SINGH AND ANR
S/O- LATE KARTOL SINGH
R/O- KHATKHATI BAGICHA GAON
KHALOIGHUGRA MOUZA
P.O. MORAN KHATKHATI
DIST.- CHARAIDEO
ASSAM.
2: SRI HARBONS SINGH @ BILLA
S/O- LATE MOHENDRA SINGH
R/O- KHATKHATI BAGICHA GAON
KHALOIGHUGRA MOUZA
P.O. MORAN KHATKHATI
DIST.- CHARAIDEO
ASSAM.
VERSUS
Page No.# 3/5
1:SRI ASHOK SARMAH AND 5 ORS.
S/O- LATE DWARIKA NATH LOHAR
R/O- JHALEM GAON
SEPON MOUZA
P.O. MORAN KHATKHATI
DIST.- DIBRUGARH
ASSAM.
2:SRI MUKTI SARMAH
S/O- LATE DWARIKA NATH LOHAR
R/O- JHALEM GAON
SEPON MOUZA
P.O. MORAN KHATKHATI
DIST.- DIBRUGARH
ASSAM.
3:SRI SIV KUMAR SARMAH
S/O- LATE DWARIKA NATH LOHAR
R/O- JHALEM GAON
SEPON MOUZA
P.O. MORAN KHATKHATI
DIST.- DIBRUGARH
ASSAM.
4:SRI DINESH SARMAH
S/O- LATE DWARIKA NATH LOHAR
R/O- JHALEM GAON
SEPON MOUZA
P.O. MORAN KHATKHATI
DIST.- DIBRUGARH
ASSAM.
5:SRI SUDHIR SARMAH
S/O- LATE DWARIKA NATH LOHAR
R/O- JHALEM GAON
SEPON MOUZA
P.O. MORAN KHATKHATI
DIST.- DIBRUGARH
ASSAM.
6:SRI RAJESH SARMAH
S/O- LATE DWARIKA NATH LOHAR
R/O- JHALEM GAON
SEPON MOUZA
P.O. MORAN KHATKHATI
DIST.- DIBRUGARH
ASSAM.
Page No.# 4/5
Advocate for the Petitioner : MR G N SAHEWALLA
Advocate for the Respondent : MR H RAHMAN
BEFORE
HONOURABLE MR. JUSTICE PRASANTA KUMAR DEKA
ORDER
Date : 20-05-2019 Heard Mr. G. N. Sahewalla, learned Senior counsel assisted by Ms. B.Sarma, learned counsel for the applicants. Also Heard Mr. R. J. Bordoloi, learned counsel for the respondents.
This is an application under Order 39 Rule 1 and 2 CPC restraining the respondents from changing the nature and character of the suit land and from receiving the compensation in respect of the land and house. The respondents as plaintiffs filed the suit against the present defendants appellants for ejectment on the ground of non payment of rent to the plaintiffs respondents. Plea was taken therein by the defendants respondents that they were the tenant in respect of the land but not in respect of the houses standing thereon. The court below decreed the suit in favour of the plaintiffs respondents thereby allowing the relief of ejectment of the defendants respondents. Thereafter the connected second appeal was filed. But the decree for ejectment was executed.
In view of the developments after the execution of the decree passed by the learned trial court and affirmed by the first appellate court, the appellants as petitioners have filed his application bringing to the notice of the court that the suit land involved in Title Suit No. 14/2000 was acquired by Deputy Commissioner, Sivasagar for widening of the highway abutting the suit land. It is also stated in the petition that against the distribution of the compensation the petitioner had filed an application before the Deputy Commissioner, Sivasagar claiming their share of compensation as they were the occupants in respect of the suit land. The said objection was raised prior to the execution of the decree as against which the competent authority had stayed the process of distribution of the compensation to the respondents. Various notices fixing date for hearing were issued against the objections by the Page No.# 5/5 Deputy Commissioner, Sivasagar which are produced by Mr. Sahewalla and it is further submitted that the compensation part had virtually been stayed on the basis of an application dated 26.4.2019.
Considering the nature of the dispute raised in this injunction application , it would be proper to bring on record the objection of the present respondents and to that effect, Mr. Bordoloi sought for three weeks time.
Considering the same, I am satisfied to direct both the parties to this petition to maintain status quo in respect of the possession of the parties to the appeal.
List on 12.6.2019.
JUDGE Comparing Assistant