RAJ KUMAR MODI AND 3 ORS Vs. BAJRANGLAL MODI
HIGH COURT OF GAUHATI
Raj Kumar Modi And 3 Ors
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Prasanta Kumar Deka, J. -
(1.) Heard Mr. GN Sahewalla, learned Senior Counsel, assisted by Ms. B. Sharma, learned counsel, appearing for the appellants/ defendants. Also heard Mr. P. Khatoniar, learned Senior Counsel, assisted by Mr. G. Khandelia, learned counsel, appearing for the sole respondent/ plaintiff.
(2.) The present appellants are the defendants in Title Suit No. 15/2008 in the court of the learned Munsiff No. 1 at Jorhat filed by the plaintiff/ respondent. The suit was for declaration, eviction and recovery of khas possession against the present defendants/ appellants with respect to the suit land mentioned in the plaint. The plaintiff/ respondent is the adopted son of late Meghraj Modi and accepted by the society with the status of adopted son and the age of the plaintiff/ respondent at the time of adoption on 2.9.1971 is evident from Certificate No. 37569 dated 23.7.1975 (Ext. 1) issued by the Secretary, Board of Secondary Education, Assam certifying his age as 18 years 2 two months on 1.3.1975. Being the adopted son he inherited land measuring 10 Bighas 3 Kathas 5 Lechas on the death of Meghraj Modi in the year 1982 and maintained his possession thereon. In addition to that he also inherited the land measuring 1 Katha 5 Lechas from the deceased wife of Meghraj Modi as her adopted son.
(3.) The defendants/ appellants are the natural sons of late Sundarmal Modi. Late Meghraj Modi constructed CI sheet and asbestos houses with brick wall over the land measuring 1.5 Kathas pertaining to Dag No. 1422 of Periodic Patta No. 169. After filling up the same in the year 1978 he started Flour Mill thereon. He also filled up the land covered by Dag No. 1489 and constructed CI Sheet roofing Chali with bamboo fencing measuring 12 feet by 20 feet for installation of the Mill but due to ill health Meghraj Modi could not run his Mill during his life time. The defendant/ appellant No. 4 was a licensee in the year 1982 for running Rice mill and wanted to set up mill in the premises of late Meghraj Modi urgently which was allowed by late Meghraj Modi.;
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