GUWAHATI, India, Dec. 5 -- Gauhati High Court issued the following order on Nov. 6:

1. Heard Ms. S. Sarma, learned counsel for the appellants and Mr. R.P. Sarma, learned Senior Counsel, assisted by Mr. N.N. Upadhyay, learned counsel for the respondents.

2. In this appeal, under Section 100 of the CPC, the appellants have put to challenge the judgment and decree dated 03.05.2017, passed by the learned Civil Judge, Dibrugarh ("first appellate Court", for short), in Title Appeal No. 41/2006.

3. It is to be noted here that vide impugned judgment and decree dated 03.05.2017, the learned first appellate court had affirmed the judgment and decree dated 30.06.2006, passed by the learned Munsiff No. 1, Dibrugarh ("trial Court", for short), in Title Suit No. 49/2000, where by the suit of the plaintiffs was dismissed.

4. For the sake of convenience and to avoid confusion, the parties herein are referred to in the same status as they appeared in the suit.

Background Facts:-

5. The background facts, leading to filing of the RSA No. 144/2018, are adumbrated herein below:-

"Late Abdul Rahim, the father of the plaintiffs was a resident of Silchar, Cachar and he came to Dibrugarh in the year 1940 and started various businesses including the contract work at Dibrugarh, under E & D Department.

Thereafter, on 01.11.1969, he purchased a plot of land, measuring one Bigha, at Gabharu Pather Ward, under Dibrugarh Town Mouza and filled up the same with earth and constructed two barrack typed kutcha houses to provide accommodation to his labourers and maintain his office. Subsequently, he purchased another plot of land, measuring one Bigha, from the vendor, namely, Mazahar Hussain, in the year 1972, and the same was contiguous to the earlier plot of land and being contiguous, both the plots formed a single block. Thereafter, the name of the father of the plaintiffs, was mutated in the revenue records and the Holding Number was also re-numbered in his favour by Dibrugarh Municipal Board.

Thereafter, in the year 1976, when the rooms were not required for the labourers, he leased out 2 rooms of the barrack, to one Monohar Ali and another room to Musstt. Phul Begum. When Monohar Ali vacated his part of the tenanted premises, the said room was also taken over by Musstt. Phul Begum at an enhanced rate.

Thereafter, due to non-payment of the bills by the Department, in the year 1977 said Abdul Rahim approached the defendant Abdur Rahman (since deceased) for a loan of Rs. 20,000/ to complete the contract work on 23.02.1977, with the condition that the Sale Deed, by which Abdul Rahim had purchased the suit land, would be kept with him as security. It was also agreed upon that whatever bills that would be received by Abdul Rahim, would be given to the defendant Abdur Rahman and the said Abdur Rahman would be entitled to a share of 2 annas per rupee of the profit of the contract job financed by him.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=eISc8sUCYnQFBVP%2BVeJCOJYxc1L%2FF%2BJGUzxhfZ5ykJ5GKBH7Jt7QXxV04ZcqFCz3&caseno=RSA/144/2018&cCode=1&cino=GAHC010006002017&state_code=6&appFlag=)

Disclaimer: Curated by HT Syndication.