C KHARKRANG Vs. NIKHILESH BAGCHI
LAWS(GAU)-1994-7-9
HIGH COURT OF GAUHATI
Decided on July 26,1994

C. KHARKRANG Appellant
VERSUS
NIKHILESH BAGCHI Respondents

JUDGEMENT

- (1.)This revision petition has arisem against the judgment and decree dated 26.11.90 passed by the Additional Deputy Commissioner/District Judge, Shillong in Title Civil Appeal No. 7 (T) of 1985, against the judgment and Decree dated 1.7.85 passed by the Assistant to the Deputy Commissioner, Shillong in Title Suit No. 9 (T) of 1976.
(2.)This revision petition relates to question of title and interest over the suit land by the parties on the basis of claims emerging from right under the customary law. Before going to decide the claim and counter claim over the suit land by the contesting parties on the basis of customary law or general law, the case of the parties has to be traced out from the long past.
(3.)The opposite party No.l as plaintiff No. 1 is the holder of General Power of Attorney and the apposite party No.2 (Plaintiff No.2) is the purchaser to whom this plaintiff No. 1 has transferred the property in dispute. The plaintiff No.l alongwith his brother were given the General Power of Attorney executed on 1.3.68 with authority jointly and severally to sell, mortgage, lease the properties situated at Mawprem measuring '915 acre by Smti H. Debi Choudhury and Shri Memandri Kishore Acharya Choudhury, wife and son of late Babu H. Kishore Aaharya Choudhury respectively. The boundary has been given in the schedule of the plaint with Municipal holding number, being holding No. 158, and house was built for the residence of their Chowkidar (defendant No.l). The history of the land in dispute originated from 1917.


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