STATE OF ASSAM REPRESENTED BY SECY , REVENUE DEPTT , DISPUR, GUWAHATI Vs. MAHTAB HUSSAIN AND ORS
HIGH COURT OF GAUHATI
State Of Assam Represented By Secy , Revenue Deptt , Dispur, Guwahati
Mahtab Hussain And Ors
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Kalyan Rai Surana, J. -
(1.) Heard Mr. B. Goswami, the learned Additional Advocate General for the State of Assam (hereinafter referred to as "Addl. AG"), assisted by Mr. C.K.S. Baruah, the learned Junior Govt. Advocate for the State of Assam. Also heard Mr. A.K. Bhattacharyya, the learned Senior Counsel, assisted by Mr. A.K. Choudhury, the learned Counsel for the respondents No.2 to 5. The name of the respondent No.1 had been struck-off vide order dated 28.05.2013. None appears on call for the proforma respondents No.6 and 7, as such, this appeal has been heard ex parte against them.
(2.) By this appeal, the appellants have assailed judgment and decree dated 05.05.2007, passed by the learned Civil Judge, Darrang, Mangaldai, in Money Suit No. 4/1995, thereby decreeing the suit for Rs.56,73,409/- with interest @ 6% p.a. from the date of filing of the suit till recovery, as well as the costs of the suit. The said decree was granted as follows:-
a. Investment: Rs.14,73,409/-
b. For mental suffering, e.g. vexation, anxiety and worries: Rs.2,00,000/-
c. Actual expenses incurred in court litigation: Rs.1,00,000/-
d. Loss of future income and profit: Rs.30,00,000/-
e. Money spent on for maintenance and upkeep and on account of rearing fishes (1989-93): Rs.9,00,000/-
(Rupees Fifty six lakh seventy three thousand four hundred nine only).
CASE OF THE RESPONDENTS NO.2 TO 5:
(3.) The respondent No.2 and his father were the original plaintiffs in MS 4/1995. On death of the father and predecessor-in- interest of the respondent No.2 (plaintiff No.1), the respondents No. 3 to 5 were impleaded as plaintiffs in the suit.;
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