Gauhati High Court
Hamed Ali vs Majial Ali And 10 Ors on 1 October, 2021
Page No.# 1/4
GAHC010112782021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : RSA/91/2021
HAMED ALI
S/O- LATE NAIBAKASH SK., VILL.- HATIDHURA, P.O. GASHBARI, P.S.
SAPATGRAM, DIST.- DHUBRI, ASSAM, PIN- 783348.
VERSUS
MAJIAL ALI AND 10 ORS.
S/O- LATE MOYEJUDDIN SK., VILL.- HATIDHURA, P.O. GASHBARI, P..S
SAPATGRAM, DIST.- DHUBRI, ASSAM, PIN- 783348.
2:AFZAL SK.
S/O- LATE MD. ASRULLA SK.
R/O- VILL.- HATIDHURA
P.O. GASHBARI
P..S SAPATGRAM
DIST.- DHUBRI
ASSAM
PIN- 783348.
3:ABU BAKKAR
S/O- LATE MD. ASRULLA SK.
R/O- VILL.- HATIDHURA
P.O. GASHBARI
P..S SAPATGRAM
DIST.- DHUBRI
ASSAM
PIN- 783348.
4:AJIAL HOQUE
S/O- LATE MD. ASRULLA SK.
R/O- VILL.- HATIDHURA
P.O. GASHBARI
P..S SAPATGRAM
DIST.- DHUBRI
Page No.# 2/4
ASSAM
PIN- 783348.
5:ABU TAHER
S/O- LATE MD. ASRULLA SK.
R/O- VILL.- HATIDHURA
P.O. GASHBARI
P..S SAPATGRAM
DIST.- DHUBRI
ASSAM
PIN- 783348.
6:ABUL KASHEM
S/O- LATE MD. ASRULLA SK.
R/O- VILL.- HATIDHURA
P.O. GASHBARI
P..S SAPATGRAM
DIST.- DHUBRI
ASSAM
PIN- 783348.
7:ABU HUSSEN
S/O- LATE MD. ASRULLA SK.
R/O- VILL.- HATIDHURA
P.O. GASHBARI
P..S SAPATGRAM
DIST.- DHUBRI
ASSAM
PIN- 783348.
8:ASIA BIBI
W/O- SADAK ALI
D/O- LATE MD. ASRULLA SK.
R/O- VILL.- HATIDHURA
P.O. GASHBARI
P..S SAPATGRAM
DIST.- DHUBRI
ASSAM
PIN- 783348.
9:AKLIMA BIBI
W/O- JAYNAL SK.
D/O- LATE MD. ASRULLA SK.
R/O- VILL.- HATIDHURA
P.O. GASHBARI
P..S SAPATGRAM
DIST.- DHUBRI
ASSAM
Page No.# 3/4
PIN- 783348.
10:MANOWARA BIBI
W/O- ATOWAR ALI
D/O- LATE MD. ASRULLA SK.
R/O- VILL.- HATIDHURA
P.O. GASHBARI
P..S SAPATGRAM
DIST.- DHUBRI
ASSAM
PIN- 783348.
11:MAJIRAN BEWA
W/O- LATE SAPIULLA
R/O- VILL.- HATIDHURA
P.O. GASHBARI
P..S SAPATGRAM
DIST.- DHUBRI
ASSAM
PIN- 783348
Advocate for the Petitioner : MS. R CHOUDHURY
Advocate for the Respondent :
BEFORE
HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
O R D E R
01.10.2021
Heard Ms. R Choudhury, learned counsel for the appellant.
The appeal is admitted for hearing.
Issue notice returnable in six weeks.
Steps for service of notice on the respondents by registered post with A/D
cards within three days.
Call for the records of Title Appeal No. 28/2018 from the Court of the
learned Civil Judge, Dhubri as well as Title Suit No. 63/2011 from the Court of
the learned Munsiff, Bilasipara, Dhubri.
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The suit was decreed in favour of the appellant/ plaintiff. On an appeal by
the respondents/defendants in Title Appeal No.28/2018, the learned Appellate
Court reversed the judgment of the learned Trial Court and one of the reason
for doing so is that the learned Appellate Court had found the western boundary
of the suit land mentioned in the Exhibit 1 and 2 Sale Deed to be incorrect. The
said conclusion was on the basis that in the Exhibit 1 and 2 Sale Deed, the
boundary was shown to be Hell River, which was dried up, whereas in cross-
examination, the PW-1 had admitted that towards the western boundary of the
purchased land Hell River is situated and the road in the western boundary has
been in existence since 50 years. In other words, the learned Appellate Court
had not accepted the boundary of the suit land as provided in the exhibited Sale
Deeds on the basis of some statements by the PW-1 in his cross-examination.
In the aforesaid circumstance, the substantial questions of law are framed:-
(1) Whether in the absence of any challenge to the Exhibit 1 and 2 Sale
Deeds regarding any discrepancy as regards the western boundary depicted
therein, the learned Appellate Court could have arrived at a conclusion that the
western boundary mentioned in the Sale Deeds are unacceptable?
(2) Whether the boundary depicted in the registered Sale Deed being a
documentary evidence on record, can be made unacceptable on the basis of an
oral evidence in cross-examination by one of the plaintiff witnesses?
List the matter after six weeks.
JUDGE
Comparing Assistant
