Khalilur Rahman vs Chand Mohammad Ali
2021 Latest Caselaw 1733 Gua

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GAHC010097612021




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

                                     Case No. : RSA/68/2021

               KHALILUR RAHMAN
               S/O. LT. FARJAN ALI, VILL. GHOGA, P.O. LAWTOLA, MOUZA- PUB
               BARKHETRI, P.S. MUKALMUA, DIST. NALBARI, ASSAM, PIN-781126.



               VERSUS

               CHAND MOHAMMAD ALI
               S/O. LT. MAJUN ALI, VILL. GHOGA, P.O. LAWTOLA, MOUZA- PUB
               BARKHETRI, P.S. MUKALMUA, DIST. NALBARI, ASSAM, PIN-781126.



Advocate for the Petitioner    : MD R ISLAM

Advocate for the Respondent :




                                     BEFORE
                    HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                            ORDER

29.07.2021

Heard Mr. R. Islam, learned counsel for the appellant.

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

The appeal stands admitted upon the following 4 (four) substantial questions of law:

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1. Whether the First Appellate Court erred in facts and law in decreeing the counter-claim of the defendant/respondent erroneously stating that the counter-claim filed by the defendant was not barred under Article 54 of the Limitation Act, 1963?

2. Whether the Exhibit-'Ka' of the defendant/respondent, which is agreement for sale on plain paper and also an instrument not duly stamped under the Indian Stamp Act, 1899 and is an unregistered document can be used for claiming part performance of agreement and consequential relief and thereby the learned First Appellate Court below committed grave error of statutory law in the case while passing the impugned Judgment and Decree dated 09.04.2021 in Title Appeal No. 9/2018?

3. Whether on the basis of the admitted documents, the learned First Appellate Court erred in decreeing the Counter-Claim of the Defendant over the suit land?

4. Whether the learned First Appellate Court erred in misconstruction and misinterpreted the contents of the alleged Sale Agreement dated 09.12.1999 and thereby erroneously decreed the Counter-Claim of the defendant reversing the Judgment and Decree dated 01.08.2018 in T.S. No. 48/2010 passed in favour of the plaintiff/appellant?

Issue Notice to the respondents.

Appellant 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 Page No.# 3/3

Comparing Assistant