SUDHIR RANJAN CHANDA Vs. UMA DUTTA

JUDGEMENT

(1.) THIS second appeal is against the concurrent findings of fact and law arrived at by the learned Court's below. The trial Court's judgment and decree is dated 7. 7. 2003, while the first appellate Court's judgment and decree is dated 14. 5. 2004.

(2.) BRIEFLY stated the facts leading to filling of the Title Suit being TS No. 25 (H)/1997 is that the father of the plaintiff respondent late Kamini Kumar Gupta was the absolute owner of a landed property covered by Patta No. 112, Plot No. 20 and Holding No. 53 (new No. 45) of the Shillong Municipality. The land is situated at Jail Road, Shillong, which is specifically described in the schedule to the plaint.

(3.) THE property being situated in the normal area of Shillong, permission for transfer of property by way of clear sale was mandatory. Accordingly, the father of the plaintiff respondent and the defendant appellant submitted an application to the competent authority of the State Government seeking the statutory permission for transfer of the suit land. Pending permission for the transfer, the defendant appellant was allowed by the father of the plaintiff to occupy his servant's quarter standing on the plot of land on the presumption that the permission for the transfer of the land would be accorded by the concerned authority. However, the competent authority of the State Government rejected the application, submitted by the father of the plaintiff and refused the permission to transfer the plot of land to the defendant appellant. Such refusal was communicated to the father of the plaintiff by the Deputy Commissioner, East Khasi Hills District, Shillong vide his letter dated 6. 1. 1986.