PUSPA RANI PAUL AND ORS Vs. ON DEATH OF SISURANJAN MAZUMDAR HIS LEGAL HEIR- BI
HIGH COURT OF GAUHATI
Puspa Rani Paul And Ors
On Death Of Sisuranjan Mazumdar His Legal Heir- Bi
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Prasanta Kumar Deka, J. -
(1.) Heard Mr. PP Baruah, learned counsel for the appellants and Mr. GN Sahewalla, learned Senior Counsel assisted by Ms. B Sarma, learned counsel for the respondents.
(2.) The present appellant is the defendant in Title Suit No. 72/1988 which was filed by the plaintiffs/ respondents for a stretch of land measuring 3'9' in width and 93' in length for use as the approach path for their ingress and egress from their residential place to the main road. The parties to this appeal purchased the land contiguous to each other by way of two registered separate sale deeds. As about 5 lechas of land was acquired prior to their purchase for the PWD road abutting the plot of land of the appellant/ defendant and on the other hand, the plot of land which falls on the back side of the land of the appellant/ defendant has no other alternative path for ingress and egress from the land of plaintiffs/ respondents from their residential place, there was an understanding between the parties to the suit and on the basis of that understanding the plaintiff/ respondent has been using the said stretch of land measuring 3'9' in width and 93' in length as the path for ingress and egress. It is alleged that the defendant/ appellant raised construction after obtaining building permission from Sivasagar Municipal Board and having come to the knowledge of the plaintiff/ respondent they objected, however, the defendant/ appellant started preparation for carrying out of the construction. Finding no other alternative, the suit was filed by the plaintiff/ respondent thereby seeking the relief for permanent injunction with respect to the said stretch of land measuring 3'9' in width and 93' in length. The suit was decreed and the learned first appellate court also upheld the findings of the learned trial court. Thereafter the defendant/ appellant has preferred this second appeal challenging judgment and decree passed by the learned first appellate court in Title Appeal No. 14/2001 in the court of learned Civil Judge (Sr. Divn.), Sivasagar.
(3.) This second appeal was admitted on 11.09.2003 on the following substantial questions of law:-
1. Whether the learned Court below erred in law in passing the impugned decree on the basis of section 15 of the Easement Act which is not applicable to the State of Assam?
2. Whether the decision of the learned Court below directing to pay the price of schedule 'C' land in question amounts to compulsory sale with violition of the owner as is sustainable in law?;
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