Gauhati High Court
On The Death Of Sepul Ghosh His Legal ... vs Sri Rasik Chandra Seal on 18 January, 2019
Page No.# 1/4
GAHC010212692018
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : RSA 314/2018
1:ON THE DEATH OF SEPUL GHOSH HIS LEGAL REPRESENTATIVES SMT
LALITA GHOSH AND 9 ORS
W/O LATE SEPUL GHOSH
RESIDENT OF VILLAGE PAIKAN, PO TEMPUR , DIST HAILAKANDI,
ASSAM, 788155
2: SMTI. ASTAMI GHOSH
D/O LATE SEPUL GHOSH
RESIDENT OF VILLAGE PAIKAN
PO TEMPUR
DIST HAILAKANDI
ASSAM
788155
3: SMTI. SUJAN GHOSH
D/O LATE SEPUL GHOSH
RESIDENT OF VILLAGE PAIKAN
PO TEMPUR
DIST HAILAKANDI
ASSAM
788155
4: SMTI. SUMITRA GHOSH
D/O LATE SEPUL GHOSH
RESIDENT OF VILLAGE PAIKAN
PO TEMPUR
DIST HAILAKANDI
ASSAM
788155
5: SRI SAMPU GHOSH
S/O LATE SEPUL GHOSH
RESIDENT OF VILLAGE PAIKAN
PO TEMPUR
DIST HAILAKANDI
Page No.# 2/4
ASSAM
788155
6: SMTI. RAMPU GHOSH
D/O LATE SEPUL GHOSH
RESIDENT OF VILLAGE PAIKAN
PO TEMPUR
DIST HAILAKANDI
ASSAM
788155
7: SRI DIPU GHOSH
S/O LATE SEPUL GHOSH
RESIDENT OF VILLAGE PAIKAN
PO TEMPUR
DIST HAILAKANDI
ASSAM
788155
8: SRI HIRON GHOSH
S/O LATE SEPUL GHOSH
RESIDENT OF VILLAGE PAIKAN
PO TEMPUR
DIST HAILAKANDI
ASSAM
788155
9: SRI SANJU GHOSH
S/O LATE SEPUL GHOSH
RESIDENT OF VILLAGE PAIKAN
PO TEMPUR
DIST HAILAKANDI
ASSAM
788155
10: SMTI. SWAPANA GHOSH
D/O LATE SEPUL GHOSH
RESIDENT OF VILLAGE PAIKAN
PO TEMPUR
DIST HAILAKANDI
ASSAM
78815
VERSUS
1:SRI RASIK CHANDRA SEAL
S/O LATE RAMAN CHANDRA SEAL
RESIDENT OF VILLAGE PAIKAN, PO TEMPUR , DIST HAILAKANDI,
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ASSAM, 788155
Advocate for the Petitioner : MR. S K GHOSH
Advocate for the Respondent :
BEFORE
HONOURABLE MR. JUSTICE MIR ALFAZ ALI
ORDER
Date : 18-01-2019 Heard Mr. SK Ghosh, learned counsel for the appellant.
This appeal is directed against the judgment and decree dated 20.06.2018 passed by learned Civil Judge, Hailakandi in Title Appeal No.1/2018 affirming the judgment and decree passed in Title Suit No.76/2012.
The appeal is admitted to be heard on the following substantial questions of law:
1. Whether the learned courts below erred in law in decreeing the suit of the plaintiff on the ground that the defendants are defaulter without considering the provision of section 51 of the Assam (Temporarily Settled Areas) Tenancy Act, 1971?
2. Whether the learned courts below erred in law in decreeing the suit of the plaintiff deciding the issue No.VIII without there being any allegation of fraud either in pleadings or in evidence and as such finding of the suit issue is perverse without any evidence on record?
Issue notice to the sole respondent, returnable in 4 (four) weeks. Steps for service of notice upon the respondent by Registered Post with A/D as well as through usual process within 7 (seven) days.
The appellant shall be at liberty to raise any other substantial questions of law, at the time of hearing, if so desires.
Call for the LCR.
JUDGE Page No.# 4/4 Smita Comparing Assistant