Md Surhab Ali @ Suab Ali vs Mustt Anuwara Begum And 13 Ors
2021 Latest Caselaw 2776 Gua

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GAHC010084002018




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

                           Case No. : RSA/196/2018

         MD SURHAB ALI @ SUAB ALI
         S/O LATE BABAR ALI, R/O VILL. SAGUNBAHI PATHAR, P.O.MOIRABARI,
         P.S. MOIRABARI, DIST. MORIGAON, ASSAM, PIN 782126



         VERSUS

         MUSTT ANUWARA BEGUM AND 13 ORS
         W/O MD. ABDUL HAMID, R/O VILL. SAGUBAHI PATHAR, P.O. MOIRABARI,
         P.S. MOIRABARI, DIST. MORIGAON, ASSAM, PIN 782126

         2:MD. ASMAT ALI
          S/O LATE JUNAB ALI
          R/O VILL. SAGUBAHI PATHAR
          P.O. MOIRABARI
          P.S. MOIRABARI
          DIST. MORIGAON
         ASSAM
          PIN 782126

         3:ABDUL KALAM
          S/O ASMAT ALI
          R/O VILL. SAGUBAHI PATHAR
          P.O. MOIRABARI
          P.S. MOIRABARI
          DIST. MORIGAON
         ASSAM
          PIN 782126

         4:MD. ABDUL ALI
          S/O ASMAT ALI
          R/O VILL. SAGUBAHI PATHAR
          P.O. MOIRABARI
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P.S. MOIRABARI
DIST. MORIGAON
ASSAM
PIN 782126

5:MD. RIAZUL ALI

S/O ASMAT ALI
R/O VILL. SAGUBAHI PATHAR
P.O. MOIRABARI
P.S. MOIRABARI
DIST. MORIGAON
ASSAM
PIN 782126

6:LRS OF LATE RAHMAN ALI ON BEING DULY SUBSTITUTED
 MD. RAFIQUL ISLAM
 R/O VILL. MOIRABARI
 P.S. MOIRABARI
 DIST. MORIGAON
ASSAM
 PIN 782126

7:MD. MAIZUL ISLAM
 R/O VILL. MOIRABARI
 P.S. MOIRABARI
 DIST. MORIGAON
ASSAM
 PIN 782126

8:MD. SAHIDUL ISLAM
 R/O VILL. MOIRABARI
 P.S. MOIRABARI
 DIST. MORIGAON
ASSAM
 PIN 782126

9:MD. NAYAB ISLAM
 R/O VILL. MOIRABARI
 P.S. MOIRABARI
 DIST. MORIGAON
ASSAM
 PIN 782126

10:MD. MAINUL ISLAM
 R/O VILL. MOIRABARI
 P.S. MOIRABARI
 DIST. MORIGAON
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             ASSAM
             PIN 782126

             11:MUSTT. HARISA BEGUM (MINOR)
              REPRESENTED BY ELDEST BROTHER MD. RAFIQUL ISLAM
              R/O VILL. MOIRABARI
              P.S. MOIRABARI
              DIST. MORIGAON
             ASSAM
              PIN 782126

             12:MUSSTT. MAMMA KHATUN (MINOR)
              REPRESENTED BY ELDEST BROTHER MD. RAFIQUL ISLAM
              R/O VILL. MOIRABARI
              P.S. MOIRABARI
              DIST. MORIGAON
             ASSAM
              PIN 782126

             13:MUSTT. MANUARA KHATUN
             W/O LATE RAHMAN ALI
             ALL THE RESPONDENT NOS. 6A TO 7 ARE THE R/O VILL.MOIRABARI
              P.S. MOIRABARI
              DIST.MORIGAON
             ASSAM
              PIN 78212

Advocate for the Petitioner   : MR. A K PURKAYASTHA

Advocate for the Respondent : MR. R J BORDOLOI (R1)




                                   BEFORE
                    HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                          ORDER

10.11.2021

Heard Mr. A.K. Purkayastha, learned counsel for the appellant and Mr. R. Ali, learned counsel appearing for the respondents.

This appeal under Section 100 of the Code of Civil Procedures is filed impugning the judgment and decree dated 20.12.2017 passed in Title Appeal No.31/2015 whereby the judgment and decree dated 28.08.2015 passed in Title Suit No.27/2010 was affirmed. It may Page No.# 4/4

be relevant to note that vide the judgment and decree dated 28.08.2015 passed in Title Suit No.27/2010 the Trial Court had dismissed the suit.

Mr. Purkayastha, learned counsel for the appellants submits that both the Courts below have wrongly decided the Issue No.7 which relates to whether the registered sale deed no.2544 dated 27.03.1963 executed by Babar Ali is liable to be cancelled without taking into consideration the evidence laid by the parties in proper perspective and consequently the findings of both the Courts below suffers from perversity in law and accordingly a substantial question of law arises which would have a material bearing on the disposal of the instant appeal.

I have perused the impugned judgment and decree passed by the Appellate Court as well as the judgment and decree passed by the Trial Court. An affidavit has also been filed by the respondent no.1 bringing on record the judgment and decree passed by the Appellate Court dated 20.12.2017 whereby the counterclaim filed by the respondent no.1 was allowed thereby decreeing the right, title and interest over the Schedule-A & B land in favour of the counter-claimant. The cross-examination of the PW-1 has also been brought on record by way of the said affidavit.

On perusal of the materials on records and more particularly taking into consideration that the PW-1 who was the plaintiff in the Title Suit having admitted on cross-examination that his father sold 4 Kathas 15 Lechas of land to Rahman Ali vide registered deed of sale bearing Deed No.2544 dated 27.03.1963, I am of the opinion that substantial question of law as supported by Mr. Purkayastha does not arise in the facts and circumstances of the case which shall have any material bearing on the cause of the instant proceedings. Consequently as no substantial question of law arises out of the impugned judgment and decree, the instant appeal stands dismissed. No cost.

JUDGE

Comparing Assistant