Revision petition challenging dismissal of a Section 6 Specific Relief Act suit for recovery of possession. The court found no jurisdictional error in the trial court's finding that the plaintiff failed to prove possession and dismissed the petition, confirming the decree.
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GAHC010010482013
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : CRP/321/2013
MD. HASEN ALI S/O- LT. YAAD ALI, R/O VILL.- BANTO BANGALI, MOUZA- LAKHIMPUR, P.S. and DIST.- LAKHIMPUR, ASSAM.
VERSUS
SMTI SASHI BORA and 3 ORS W/O- SHRI KHAGEN BORA
2:KHAGEN BORA S/O- LT. GOLAP BORA BOTH ARE R/O VILL.- JAPISAJIA P.O. and P.S.- NORTH LAKHIMPUR DIST.- LAKHIMPUR ASSAM PIN-
3:NUR MOHAMMAD S/O- LT. AZITULLAH.
4:JALAL UDDIN S/O- LT. ALIMUDDIN BOTH ARE R/O VILL.- BANTO BANGALI MOUZA- LAKHIMPUR P.S. and DIST.- LAKHIMPUR ASSAM
Advocate for the petitioner(s): Ms. R Choudhury
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Advocate for the respondent(s): Mr. KK Phukan
B E F O R E
HON’BLE MR. JUSTICE DEVASHIS BARUAH ORDER
13.05.2024
This is an application under Section 115 of the Code of Civil Procedure, 1908 (for short, the Code) assailing the judgment and order dated 31.07.2013 whereby the suit filed by the plaintiff under Section 6 of the Specific Relief Act, 1963 for recovery of khas possession and permanent injunction was dismissed.
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JUDGE
Comparing Assistant
1 issue framed by the court
Whether the trial court committed a jurisdictional error in dismissing the plaintiff's suit under Section 6 of the Specific Relief Act for failure to prove possession of the suit land.
2 provisions across 2 enactments
Md. Hasen Ali
Smti Sashi Bora
Khagen Bora
Nur Mohammad
Jalal Uddin
Devashis Baruah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
