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Issues involved: Appeal against judgment of Gauhati High Court's Single Judge dismissing second appeal for declaration and recovery of possession of land.
Judgment details: 1. The suit was dismissed by the trial Court due to lack of document to prove title. Lower appellate Court found plaintiff-respondents proved their title based on mutation entries and documents. High Court framed question of law on sustainability of lower court's findings on title. Single Judge held question not substantial and upheld lower court's reliance on mutation entries for joint ownership. 2. Appellants argued lower appellate Court erred in declaring respondents rightful owner based on revenue records, ignoring lack of evidence of title from respondents. Appellants' predecessor had produced sale deed, while respondents' predecessor did not. Single Judge upheld lower court's decision, stating it was based on correct appreciation of evidence and refused to interfere as no perversity found. 3. Lower appellate Court's finding on title of suit land deemed correct based on evidence including Jamabandi Exhibit 1 showing joint ownership. Single Judge upheld decision as no flaws found in lower court's approach. Appeal dismissed.
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