Md. Abul Hussain vs Md. Hatem Ali And 9 Ors
2021 Latest Caselaw 340 Gua

                                                                    Page No.# 1/4

GAHC010222032019




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

                           Case No. : RSA/122/2020

         MD. ABUL HUSSAIN
         S/O- LATE JUBED ALI MUNSHI, R/O- AMLAKI, MOUZA- BATADRABA,
         DIST.- NAGAON, ASSAM, PIN- 782122



         VERSUS

         MD. HATEM ALI AND 9 ORS.
         S/O- LATE MAHAR ALI, R/O- AMLAHI, MAUZA- BATADRABA, P.S.
         BATADARBA, DIST.- NAGAON, ASSAM, PIN- 782122.

         2:MD. FAKAR UDDIN
          S/O- LATE MAHAR ALI
          R/O- AMLAHI
          MAUZA- BATADRABA
          P.S. BATADARBA
          DIST.- NAGAON
         ASSAM
          PIN- 782122.

         3:MD. KHAIRUL ALAM
          S/O- LATE ABDUL KHALEQUE
          R/O- KUBAIKATA
          MAUZA- BATADRABA
          P.S. BATADARABA
          DIST.- NAGAON
         ASSAM
          PIN- 782122.

         4:MD. SAFIQUL ALAM
          S/O- LATE ABDUL KHALEQUE
          R/O- KUBAIKATA
          MAUZA- BATADRABA
                                   Page No.# 2/4

P.S. BATADARABA
DIST.- NAGAON
ASSAM
PIN- 782122.

5:MD. SABARUJJAL ALAM
 S/O- LATE ABDUL KHALEQUE
 R/O- KUBAIKATA
 MAUZA- BATADRABA
 P.S. BATADARABA
 DIST.- NAGAON
ASSAM
 PIN- 782122.

6:MD. RUKUN MAZUMDAR
 S/O- MD. ABDUS SABBID MAZUMDAR
 R/O- AMINAPATTY
 NAGAON TOWN
 MAUZA- TOWN
 P.S. SADAR
 DIST.- NAGAON
ASSAM
 PIN- 782001.

7:MUSTT. SABINA MAZUMDAR
 D/O- MD. ABDUS SABBID MAZUMDAR
 R/O- AMINAPATTY
 NAGAON TOWN
 MAUZA- TOWN
 P.S. SADAR
 DIST.- NAGAON
ASSAM
 PIN- 782001.

8:MD. RAJEK MAZUMDAR
 S/O- MD. ABDUS SABBID MAZUMDAR
 R/O- AMINAPATTY
 NAGAON TOWN
 MAUZA- TOWN
 P.S. SADAR
 DIST.- NAGAON
ASSAM
 PIN- 782001.

9:MUSTT SAFINA MAZUMDAR
 D/O- MD. ABDUS SABBID MAZUMDAR
 R/O- AMINAPATTY
 NAGAON TOWN
                                                                                           Page No.# 3/4

              MAUZA- TOWN
              P.S. SADAR
              DIST.- NAGAON
              ASSAM
              PIN- 782001.

             10:MD. SAHJAHAN
              S/O- JABED ALI
              R/O- AMLAKHI
              MOUZA- BATADRABA
              DIST.- NAGAON
             ASSAM
              PIN- 782122

Advocate for the Petitioner     : MR. A BISWAS

Advocate for the Respondent :




                                     BEFORE
                     HONOURABLE MR. JUSTICE KALYAN RAI SURANA

                                               ORDER

02.02.2021 Heard Mr. A. Biswas, learned counsel for the appellant.

2. This appeal is directed against the first appellate judgment and decree dated 20.05.2010 passed by the learned Additional District Judge No.2, Nagaon in T.A. No.8/2016, thereby dismissing the appeal of the appellant-plaintiff and thereby affirming the judgment and decree dated 14.12.2015 passed by the learned Civil Judge, Nagaon in T.S. No.67/2009 thereby dismissing the suit for right of preemption in respect of the suit land.

3. The appeal is admitted for hearing on the following substantial question of law: -

1. Whether the judgment passed by both the learned Courts below are vitiated by not excluding time required to obtain certified copy of the sale deed in question and time taken to verify due registration as envisaged under section 61(2) of the Registration Act?

2. On the projection that the right of presumption was exercised immediately on the next date of obtaining the certified copy of the sale deed in question, whether the judgment passed by the learned Court below is vitiated by perversity in rejecting the claim of talab-i-mowasibat?

3. Whether the first appellate judgment and decree is vitiated by non-compliance of the provision of Page No.# 4/4

Order XLI Rule 31 CPC?

4. The appellant is at liberty to raise any other substantial question of law in course of hearing.

5. Call for the records.

6. Issue usual notice returnable in 6(six) weeks.

7. The appellant shall take steps for service of notice on the respondents by usual process as well as by registered post with A/D.

8. Liberty is granted to the learned counsel for the petitioner to collect the postal receipt number from the Registry so as to track service through the postal website of India Post and to submit the track report before the Registry prior to the next date fixed.

9. Awaiting service of notice and LCR, list the matter after 6(six) weeks.

JUDGE

Comparing Assistant