Page No. 1/3 vs Faijur Rahman And Anr
2021 Latest Caselaw 1890 Gua

                                                                    Page No. 1/3

GAHC010073052021




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                   Case No. : RSA/77/2021

            MAFIDA BEGAM AND ANR.
            W/O MONOWAR HUSSAIN, R/O VILL-UTTAR ATHIABARI, MOUZA-
            GOBARDHANA, P.S. AND DIST-BARPETA ROAD, ASSAM, PIN-

            2: MONOWAR HUSSAIN
             S/O IDRISH ALI
             R/O VILL-UTTAR ATHIABARI
             MOUZA-GOBARDHANA
             P.S. AND DIST-BARPETA ROAD
            ASSAM
             PIN

            VERSUS

            FAIJUR RAHMAN AND ANR.
            S/O LATE MAJOM ALI, R/O VILL-UTTAR ATHIABARI, MOUZA-
            GOBARDHANA, P.S. AND DIST-BARPETA ROAD, ASSAM, PIN-781301

            2:ZAKIR HUSSAIN
             S/O SHER ALI
             R/O VILL-KALJHAR
             MOUZA-BETBARI
             P.S. AND DIST-BARPETA
            ASSAM
             PIN-78130

Advocate for the Petitioner   : MR. B C DAS

Advocate for the Respondent :
                                                                                Page No. 2/3


                                 BEFORE
                HONOURABLE MR. JUSTICE MANISH CHOUDHURY

                                       ORDER

Date : 18.08.2021

The Court proceedings have been conducted through online court proceeding services.

Heard Mr. B.C. Das, learned Senior Counsel for the appellants. By this appeal under Section 100, Code of Civil Procedure, 1908 (CPC), the appellants have challenged the judgment and decree dated 11.01.2021 passed in Title Appeal no. 37/2018 whereby the first appeal preferred against the judgment and decree dated 03.08.2018 passed by the learned Munsiff No. 1, Barpeta in Title Suit no. 79/2014 has been dismissed, thereby, affirming the judgment of the learned trial court.

The appeal is admitted for hearing on the basis of the following substantial questions of law:-

(1) Whether a joint owner of an inherited landed property can transfer the right, title and interest of his share to a purchaser in the absence of any partition, resulting in conferment of right, title and interest on the purchaser?

(2) Whether the first appellate court was justified to rely on a note made by the Circle Officer in the Chitha copy putting a ban on the sale of a particular portion of land and consequently recording a finding that the sale deed (exhibit-2) did not confer any right, title and interest over the suit land in favour of the plaintiff?

The appellants are permitted to raise any other substantial question of law as may arise during the course of hearing.

Call for the records.

Page No. 3/3

Issue notice, returnable in 4 (four) weeks. The appellants shall take steps for the service of notice on the respondents by usual process as well as by registered post with A/D within 3 (three) days.

List the appeal after 4 (four) weeks with the service report on the respondents and the LCR.

JUDGE

Comparing Assistant