SHILLONG: The non-resident Indian Tushar Nath Bhattacharjee, who is pursuing the recovery of his property under the possession of senior lawyer S P Mahanta at Lachumiere on Thursday said that his lawyers will file an execution (eviction) case within the next few weeks to vacate the property
In a statement issued via email from Sydney, Bhattacharjee said that the Judgments of all the courts including the Appellate Court of Shillong, the High Court of Meghalaya and the Supreme Court of India rejected Mahanta’s appeal regarding our property which he is occupying illegally.
“The District Judge in the judgment of 6/5/2013 stated that Mahanta’s occupation of the house is not legal. The High Court of Meghala on 10/9/15 rejected Mahanta’s appeal against the judgment of the District Judge. Mahanta then appealed against the judgment of the High Court in the Supreme Court which also dismissed Mahanta’s appeal on 5/1/16”, Bhattacharjee said
The district judge earlier in the order had re-produced the description of land as “measuring more or less 14,285 sq feet covered by plot no. 80 comprised in Patta No. 58 situated at Lachumiere (of European Ward), Shillong, whereupon there stands two Assam type houses of which one is the main house and the other one is the outhouse”.
However, the Supreme Court order of January 5 said that ” it is made clear that any observations or expressions made in the impugned judgments will not in any way be used against the petitioners in a suit for specific performance”.
In the past, Mahanta and his wife had claimed that there was an agreement to sell the property and money was exchanged as Rs 4,30,000 was received by Sujata Bezbaruah along with her brother, Tushar out of the agreed amount of Rs 12,00,000 for sale on June 8, 1992.
According to them, for making payment of remaining amount of over Rs7,00,000 on or before June 13, 1992, an amicable settlement was arrived at the chamber of senior advocate SR Sen.
