GUWAHATI, India, Dec. 30 -- Gauhati High Court issued the following order on Nov. 28:

1. Heard learned counsel Mr. D.C. Chakravary for the appellant and learned counsel Mr. S.P. Choudhury for the respondent.

Factual Matrix

2. This appeal is preferred under Section 100 read with Order XLII of the Code of Civil Procedure, 1908 (in short 'CPC') challenging the judgment and decree dated 11.01.2019 passed by the learned Civil Judge No.2, Cachar, Silchar in Title Appeal No.4/2013. This appeal was admitted on the following substantial question of law;

"Whether the learned courts below had misread and misconstrued note No. 3 of exhibit-3 i.e. Jamabandi leading to incorrect finding of fact on issue No.5, which has vitiated the judgment and decree impugned herein on ground of perversity?"

3. The learned Appellate Court has upheld the judgment and order dated 19.10.2012 passed by the learned Munsiff No.1, Cachar, in Title Suit No. 50/2003 which was renumbered as Title Suit No.45/ 2006.

4. The genesis of the case was that Jayraj Das as plaintiff has brought up a title suit being Title Suit 50/2003 which was re-numbered as Title Suit No.45/2006 seeking declaration of right, title and recovery of khas possession and for confirmation of possession over the land mentioned in the schedule of the plaint. Jayraj Das is arrayed as respondent No.1 in the present appeal. The original title suit was brought up by Jayraj Das against the following persons named herein below: 1. Ajim Uddin, 2. Fakaruddin @ Kuti Mia 3. Sunaban Bibi 4. Hasmat Ali, 5. Idoi Mia 6. Jiban Chandra Modak

5. The respondent No.6 of the original title suit is the present appellant of this case and the other respondents are arrayed as respondent Nos.2, 3, 4, 5 and 6. During the pendency of this appeal, the name of respondent No.4 Sunaban Bibi was deleted from the array of parties.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=%2FE3WiyNUWFIaR1oBGE62WgpumrPv86NrjsU9mluetYdgBaWfFdqm0VrJxduZcHbH&caseno=RSA/155/2019&cCode=1&cino=GAHC010106172019&state_code=6&appFlag=)

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