Kaimuddin vs On The Death Of Late Hikmat Ali
2021 Latest Caselaw 2584 Gua

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GAHC010313372019




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

                             Case No. : RSA/29/2021

         KAIMUDDIN
         S/O LATE AFSER ALI, VILLAGE SITOLI, MOUZA JANIA, PO SITOLI-78, DIST.
         BARPETA, ASSAM



         VERSUS

         ON THE DEATH OF LATE HIKMAT ALI, HIS LEGAL HEIRS JIRATAN NESSA
         AND 13 ORS
         W/O LATE HIKMAT ALI, R/O VILLAGE SITOLI, MOUZA JANIA, PO SITOLI-
         78, DIST. BARPETA, ASSAM

         2:SHARAP ALI
          S/O LATE HIKMAT ALI
          R/O VILLAGE SITOLI
          MOUZA JANIA
          PO SITOLI-78
          DIST. BARPETA
         ASSAM

         3:SHAHAR ALI
         W/O LATE HIKMAT ALI
          R/O VILLAGE SITOLI
          MOUZA JANIA
          PO SITOLI-78
          DIST. BARPETA
         ASSAM

         4:FAZAR ALI
         W/O LATE HIKMAT ALI
          R/O VILLAGE SITOLI
          MOUZA JANIA
          PO SITOLI-78
                                                      Page No.# 2/4

             DIST. BARPETA
             ASSAM

            5:TARAP ALI
             S/O LATE HIKMAT ALI
             R/O VILLAGE SITOLI
             MOUZA JANIA
             PO SITOLI-78
             DIST. BARPETA
            ASSAM

            6:HASHA BHANU
             D/O LATE HIKMAT ALI
             R/O VILLAGE SITOLI
             MOUZA JANIA
             PO SITOLI-78
             DIST. BARPETA
            ASSAM

            7:KAITARJAN NESSA
             D/O LATE HIKMAT ALI
             R/O VILLAGE SITOLI
             MOUZA JANIA
             PO SITOLI-78
             DIST. BARPETA
            ASSAM

            8:SAMARTHA BHANU
             D/O LATE HIKMAT ALI
             R/O VILLAGE SITOLI
             MOUZA JANIA
             PO SITOLI-78
             DIST. BARPETA
            ASSA

Advocate for the Petitioner   : MR H R A CHOUDHURY

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

                                                 ORDER

28.10.2021

Heard Mr. N. Dhar, learned counsel for the appellants.

The appeal is admitted for hearing upon the 3 (three) following substantial questions of law:

(i) Whether the impugned judgment and decree dated 21.09.2019 passed by the learned appellate court ignoring the pleadings made in the plaint filed in the suit stating that there are land measuring 1 bigha 1 katha 15 chataks in the suit land described in the schedule-A of the plaint and the original pattadars of the suit land sold the land measuring 4 kathas 2 lechas out of the land described in schedule-A of the plaint to Munser Ali and Afser Ali, i.e. the father of the defendants no. 1 and thereby erroneously decreeing right, title and interest of respondent/plaintiff and that proforma defendant no. 1 over land measuring 3 kathas 8 lechas and 1 khatas 2 lechas respectively out of the land described in schedule-A of the plaint have resulted into perversity and miscarriage of justice?

(ii) Whether the impugned judgment and decree dated 21.09.2019 passed by the learned appellate court ignoring the pleadings made in the plaint regarding description of the suit land described in the schedule of the plaint have resulted into perversity and miscarriage of justice?

(iii) Whether the impugned judgment and decree dated 21.09.2019 passed by the learned appellate court ignoring the contents of the Sale Deed dated 13.12.2002 i.e. Exihibit-6 allegedly executed in favour of the respondent/plaintiff by Alim Uddin and Idrish Ali and thereby selling the land described in Schedule-C of the plaint without having their right, title and interest on the said land have resulted into perversity and miscarriage of justice?

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

Issue Notice to the respondents by registered post with A/D and other usual Page No.# 4/4

process.

Call for the LCR.

List after 6 (six) weeks.

JUDGE

Comparing Assistant