AMAR KUMAR PAUL Vs. SHYAM KANDAI NAGA AND OTHERS
HIGH COURT OF GAUHATI
Amar Kumar Paul
Shyam Kandai Naga And Others
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KALYAN RAI SURANA,J. -
(1.) Heard Mr. M.J. Quadir the learned counsel for the petitioner. None appears on call for the respondent.
(2.) This revision under section 115 read with section 151 CPC is filed against the judgment and order dated 23.12.2008 passed by the learned Munsiff No. 2 Cachar, Silchar in T.S. No. 18/1991. By the said order, the suit filed by the petitioner under section 6 of this Specific Relief Act, 1963 was dismissed.
(3.) The case projected in the plaint is that the defendant No. 1 had purchased land measuring 19 Kathas 8 Chatak vide registered deed No. 2600 dated 02.04.1979 from the recorded pattadars and got possession of the same within specific boundaries and his name was mutated, which is reflected in Sl. No. 33 of the Jamabandi. Out of the said land, the defendant No. 1, i.e Shri Shyam Kandi Naga sold land measuring 10 Kathas towards the east to one Smt. Jagapatia Rabidas vide registered deed No. 3108 dated 16.04.1981 and delivered possession. Her name was mutated, in respect of the suit land, which is reflected in Sl. No. 44 of the Jamabandi. Out of the remaining land, the defendant No. 1 sold a specific plot of land to one Darbari Robi Das and delivered possession. The balance land was retained by the defendant No. 1 through Maijang Naga alias Maliaeng Naga i.e. defendant No. 2.;
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