GUWAHATI, India, Jan. 16 -- Gauhati High Court issued the following order on Dec. 16:

1. This appeal is preferred by the appellants Md. Mayar Uddin and Md Aftab Uddin. The respondents were initially Uday Shankar Das, Rabindra Chandra Das, Smt Jhunu Bala Das, Smt Shefali Rani Das, Smt Dipali Rani Das and the proforma respondents were initially Smt Pritibala Das, Smt Kusumanjali Das, Sri Nani Gopal Das who were arrayed as respondent Nos. 1 to 8 respectively. On death of respondent No. 1 Uday Sankar Das, he has been substituted by his following legal heirs;

Pritibala Das (sister) and

Smt Kusumanjali Das (sister) who were initially arrayed as proforma respondent Nos. 6 and 7 and on death of Smt Pritibala Das, she has been substituted by her legal heirs

Nihar Ranjan Das (son),

Nilashish Das (son), and

Rinku Rani Das (daughter)

2. On death of respondent No.4 Smt Shefali Rani Das, she has been substituted by her following legal years;

Sri Akhil Chandra Das,

Sri Prabendra Chandra Das,

Sri Paritosh Chandra Das,

Sri Alak Kanti Das,

Smt Sabita Rani Das

Smt Rati Rani Das

Smt Vijay Lakhi Das

The names of respondent No. 8 and his legal heirs have been struck off vide order of this court dated 04.03.2016. The names of respondent No.2, Sri Rabindra Chandra Das, has been stuck off vide order of this court dated 29.07.2015.

3. A title suit was initiated by Uday Sankar Das who was arrayed as respondent No.1 in this appeal which was registered as TS No.625/2006 against Md. Mayar Uddin and Md Aftab Uddin and other defendants. This suit was decreed on contest with costs vide order dated 06.12.2008. An appeal was preferred against this judgment and order by the present appellants Md. Mayar Uddin and Md Aftab Uddin which are registered as Title Appeal No.2/2009 and this appeal was dismissed vide order dated 08.02.2012.

4. Aggrieved by the impugned judgment and order, the appellants Md. Mayar Uddin and Md Aftab Uddin are before this court, whereas the other defendants are not before this court. This second appeal was admitted on the following substantial questions of law:

1. Whether the plaintiff could derive right, title and interest on the basis of Ext.-2, i.e., the sale deed executed by Sucharu Bala Das when the plaintiff had failed to establish that she was a daughter of Nitya Charan Das?

2. Whether the learned lower appellate court was justified in decreeing the suit of the plaintiff on the basis of Ext.-1, Jamabandi?

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=LfKgAEL6K8Sqqfv6TysK%2BOcYj3ulmRkmHWL3o4SbmRbsoeFgENse9U240H7vY2e8&caseno=RSA/97/2012&cCode=1&cino=GAHC010219312012&state_code=6&appFlag=)

Disclaimer: Curated by HT Syndication.