Page No.# 1/2 vs Sri Aghnuram Das And Anr
2021 Latest Caselaw 1680 Gua

                                                                      Page No.# 1/2

GAHC010026852019




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

                                  Case No. : RSA/18/2020

            ELA BEGUM AND ANR
            D/O LT. AKONMAN ALI, R/O WARD NO. D, NAZIRA TOWN, P.S. NAZIRA,
            SUB DIVISION NAZIRA, DIST. SIVSAGAR, PIN 785685, ASSAM.

            2: ZULFIKAR ALI
             S/O LT. AKONMAN ALI
             R/O WARD NO. D. NAZIRA TOWN
             P.S. NAZIRA
             SUB DIVISION NAZIRA
             DIST. SIVASAGAR
             PIN 785685
            ASSAM

            VERSUS

            SRI AGHNURAM DAS AND ANR
            S/O LATE BUDHUWA DAS, R/O WARD NO. D. NAZIRA TOWN, P.S. NAZIRA,
            SUB DIVISION NAZIRA, DIST. SIVASAGAR, PIN 785685, ASSAM

            2:SRI DURGA PRASA DAS
             S/O LATE SUDHUWA DAS
             R/O WARD NO. D. NAZIRA TOWN
             P.S. NAZIRA
             SUB DIVISION NAZIRA
             DIST. SIVASAGAR
             PIN 785685
            ASSAM

Advocate for the Petitioner   : MS D BORGOHAIN

Advocate for the Respondent :
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                                  BEFORE
                 HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                             ORDER

19.07.2021

Heard the learned counsel for the appellants Ms. D. Borgohain.

This is an appeal under Section 100 of the Code of Civil Procedure.

The appeal stands admitted for Hearing upon the following substantial questions of law:

1. Whether the Report of the Commissioner should be made the sole basis and foundation for passing judgment and decree without having disregard to other evidence on-record?

2. Whether the impugned decree could have been granted in favour of the plaintiff even though they failed to discharge the burden of proving their own case by tendering proper evidence and or by submitting a correct schedule of the suit land?

The appellant shall have the liberty to raise any other substantial questions of law at the time of hearing.

Issue Notice to the respondents.

Appellants shall take steps for service of notice upon the respondents by registered post with A/D and other usual process.

Call for the records.

List after 6 (six) weeks.

JUDGE

Comparing Assistant