Page No.# 1/4 vs Heirs Of Lt. Hasen Ali
2021 Latest Caselaw 1647 Gua

                                                               Page No.# 1/4

GAHC010069082021




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

                           Case No. : RSA/64/2021

         IBRAHIM ALI AND 4 ORS.
         S/O LATE NAWAZ ALI, R/O VILLAGE KALGACHIA (NORTH-EASTERN SIDE
         OF CINEMA HALL), MOUZA- RUPSHI, PS KALGACHIA, DIST. BARPETA,
         ASSAM

         2: SAHEB ALI
          S/O IBRAHIM ALI
          R/O VILLAGE KALGACHIA (NORTH-EASTERN SIDE OF CINEMA HALL)
          MOUZA- RUPSHI
          PS KALGACHIA
          DIST. BARPETA
         ASSAM

         3: HARMUZ ALI
          S/O IBRAHIM ALI
          R/O VILLAGE KALGACHIA (NORTH-EASTERN SIDE OF CINEMA HALL)
          MOUZA- RUPSHI
          PS KALGACHIA
          DIST. BARPETA
         ASSAM

         4: SHAHJAHAN ALI
          S/O LATE IBRAHIM ALI ALI
          R/O VILLAGE KALGACHIA (NORTH-EASTERN SIDE OF CINEMA HALL)
          MOUZA- RUPSHI
          PS KALGACHIA
          DIST. BARPETA
         ASSAM

         5: MOZNUR RAHMAN
          S/O PASHAN ALI
          R/O VILLAGE KALGACHIA (NORTH-EASTERN SIDE OF CINEMA HALL)
          MOUZA- RUPSHI
          PS KALGACHIA
                                                           Page No.# 2/4

DIST. BARPETA
ASSA

VERSUS

HEIRS OF LT. HASEN ALI S/O LT. JIARAT ALI, SHOHIDUL ISLAM AND ORS.
S/O LATE HASEN ALI, R/O VILLAGE KALGACHIA RUPSHI, PS KALGACHIA,
DIST. BARPETA, ASSAM

2:ANOWAR HUSSAIN
 S/O LT. HASEN ALI
 R/O VILLAGE KALGACHIA
 RUPSHI
 PS KALGACHIA
 DIST. BARPETA
ASSAM

3:HASINA KHATUN
 D/O LT. HASEN ALI
 R/O VILLAGE KALGACHIA
 RUPSHI
 PS KALGACHIA
 DIST. BARPETA
ASSAM

4:MONJUWARA KHATUN
 S/O LT. HASEN ALI
 R/O VILLAGE KALGACHIA
 RUPSHI
 PS KALGACHIA
 DIST. BARPETA
ASSAM

5:ELIZA KHATUN
 D/O LT. HASEN ALI
 R/O VILLAGE KALGACHIA
 RUPSHI
 PS KALGACHIA
 DIST. BARPETA
ASSAM

6:HAZERA KHATUN
W/O LT. HASEN ALI
 R/O VILLAGE KALGACHIA
 RUPSHI
 PS KALGACHIA
 DIST. BARPETA
ASSA
                                                                                      Page No.# 3/4


Advocate for the Petitioner   : MR. J AHMED

Advocate for the Respondent :




                                     BEFORE
                    HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                            ORDER

Date : --12.07.2021

Heard Mr. J. Ahmed, learned counsel for the appellant. This an second appeal u/s 100 of the CPC.

The appeal is admitted for hearing upon the following substantial question of law:

1. Whether the judgments and decrees passed by both the courts below suffers from perversity on account of misinterpreting the evidence on records as well as misinterpretation of both the laws and facts.

2. Whether both the courts below are correct in declaring the Exhibit (d) i.e the sale deed No. 1169/74 dated 3.10.1974 as void ab initio by which the appellant/defendant no. 1 purchased the suit land from Jirat Ali as the Jirat Ali got the said land by way of family partition during the lifetime of his father Fayez Dewan.

3. Whether the suit is hit by section 56 of the Indian Limitation Act and both the courts below has misinterpreted the provision of section 56 of the Limitation Act while deciding the issue No. 2.

Issue notice to the respondents. Appellant shall take steps for service of notice upon the respondents by registered post with A/D as well as by usual process.

Call for the LCR.

List the matter after four weeks on a date to be fixed by the Registry.

JUDGE Page No.# 4/4

Comparing Assistant