GUWAHATI, India, Sept. 19 -- Gauhati High Court issued the following order on Aug. 20:

The appellant in this case is Sri Dharmeswar Saikia and the respondent No. 1 in this case are :-

1 (i) Sri Raja Beg,

1 (ii) Mrs. Farida Beg,

1 (iii) Mafida Beg Choudhury and

1 (iv) Wajzda Beg.

2. The respondent No. 2 at present are :-

2 (i) Smti Devina Begg and

2 (ii) Smti Mina Begg.

3. The respondent No. 3 is Musst. Elizabeth Beg. The respondent No. 4 are :-

4 (i) Somiul Begg,

4 (ii) Jomiul Begg,

4 (iii) Robiul Begg and

4 (iv) Jakariya Begg, whereas the respondent No. 5 and 6 are Belzer Beg and Selzer Beg, respectively.

4. On death of respondent No. 1 Mirza Beg, his legal heirs have been impleaded, on death of respondent No. 2 Amzer Beg, his legal heirs have been impleaded and on death of respondent No. 4 Emi Beg, the legal heirs of respondent No. 4 have been impleaded as respondents in this appeal.

5. The substantial questions of law framed in this appeal are :-

"i) Whether the learned Lower Appellate Court erred in passing the impugned decree of reversal holding the appellant-plaintiff's suit to be neither maintainable in law nor in time in view of section 154 of the Assam Land and Revenue Regulation, 1886 and Article 65 of the Limitation Act, 1963?

ii) Whether the learned Lower Appellate Court erred in dismissing the suit of the appellant-plaintiff by misconstruing the import of the judgment and decree dated 23.07.1969 in T.S. No. 64/1962 and by disregarding other materials on record?"

6. The genesis of the case was that a title suit being T.S. No. 20/2006 was brought up by the appellant as plaintiff. Sri Dharmeswar Bora, S/O Late Mona Saikia (Bora), brought up this title suit against Musst. Mariam Beg, W/O Late George Beg, Mirza Beg, Amzar Beg, Musst. Elizabeth Beg, Emi Beg, Sri Belzer Beg and Sri Selzer, all sons and daughters of Late George Beg, as defendants. Sri Ajit Saikia, Sri Pradip Saikia, both sons of Niren Saikia, Smt Konmai Saikia, W/O Late Niren Saikia, Smt. Chenimai Bora, D/O Mona Saikia, Smt. Gunomai Bora, D/O Sri Mona Saikia, Sri Simanta Saikia, S/O Late Padma Saikia and Smt. Anu Saikia, S/O Late Padma Saikia and the S.D.C. of Jorhat East Circle, were arrayed as proforma defendants No. 8 to 15. The appellant will be referred to as the plaintiff whose suit was decreed by the Trial Court and the respondents (defendants hereinafter) preferred an appeal which was allowed by the Appellate Court.

7. The plaintiff and the proforma defendants No. 11 to 14 are the legal heirs of Late Mona Saikia, who purchased a parcel of land admeasuring 1 Bigha 2 Katha 2 and halfLechas, appertaining to Dag No. 696, 698 and PP No. 159, situated at Maut Gaon, under Charigaon Mauza in the district of Jorhat, from Smt. Phaguni Chutia (since deceased). The land described under Schedule A of the plaint is the aforementioned land. A registered Sale Deed No. 4235/3708 was executed before the Sub-Registrar, Jorhat on 25.08.1971.

8. Before executing the Sale Deed dated 25.08.1971, Phaguni Chutia instituted a title suit being T.S. No. 64/62 before the Court of the Munsiff at Jorhat against Sri Niren Saikia, Smt. Sadari Saikia, Mona Saikia and Lomthai Kalita, claiming half of her share of the land ad measuring 2 Bighas 4 Kathas 5 Lechas of the same aforesaid PP No. 159 (Old PP No. 404) and Dag No. 696 (Old Dag No. 65). The suit was decreed against the defendants Niren Saikia and others, vide judgment and decree dated 23.07.1969 in T.S. No. 64/62, declaring right, title and interest of Phaguni Chutia over half of the share of the aforementioned land. It was also directed that Phaguni Chutia will be in joint possession of her share along with defendants No. 1, 2 and 3.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=DGLYj3d%2B3YUl7w50SUed9lfAMcCBUA%2FeLaCrs%2BurNdCfq%2FJ6lCYxJ0PhrNxnI8Sp&caseno=RSA/139/2008&cCode=1&cino=GAHC010162372008&state_code=6&appFlag=)

Disclaimer: Curated by HT Syndication.