Md. Nizamuddin Ahmed vs On The Death Of Ahmed Hossain His ...
2021 Latest Caselaw 2061 Gua

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GAHC010058862021




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

                            Case No. : CRP/34/2021

         MD. NIZAMUDDIN AHMED
         S/O LATE SHAH MOHAMMAD, R/O HOUSE NO. 45, SIJUBARI IDGARH
         ROAD, P.S. HATIGAON, GUWAHATI 38, DIST. KAMRUP (M), ASSAM.



         VERSUS

         ON THE DEATH OF AHMED HOSSAIN HIS LEGAL HEIRS HABIBUL NESSA
         AND 6 ORS (B)
         R/O HOUSE NO. 77 ANUPAM NAGAR, P.S. HATIGAON, GUWAHATI 38, DIST.
         KAMRUP (M), ASSAM.

         2:FATEMA HASAN
          R/O HOUSE NO. 77 ANUPAM NAGAR
          P.S. HATIGAON
          GUWAHATI 38
          DIST. KAMRUP (M)
         ASSAM.

         3:IBRAHIM HASAN
          R/O HOUSE NO. 77 ANUPAM NAGAR
          P.S. HATIGAON
          GUWAHATI 38
          DIST. KAMRUP (M)
         ASSAM.

         4:IMRAN HASAN
          R/O HOUSE NO. 77 ANUPAM NAGAR
          P.S. HATIGAON
          GUWAHATI 38
          DIST. KAMRUP (M)
         ASSAM.
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            5:UMAR HASAN
             R/O HOUSE NO. 77 ANUPAM NAGAR
             P.S. HATIGAON
             GUWAHATI 38
             DIST. KAMRUP (M)
            ASSAM.

            6:FAUJIA HASAN
             R/O HOUSE NO. 77 ANUPAM NAGAR
             P.S. HATIGAON
             GUWAHATI 38
             DIST. KAMRUP (M)
            ASSAM.

            7:FARHAN HASAN

             R/O HOUSE NO. 77 ANUPAM NAGAR
             P.S. HATIGAON
             GUWAHATI 38
             DIST. KAMRUP (M)
             ASSAM

Advocate for the Petitioner   : MR. S P ROY

Advocate for the Respondent : MR. A IKBAL




                                   BEFORE
                  HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                            ORDER

03.09.2021 Heard Shri S.P. Roy, learned counsel for the petitioner, who is aggrieved by a Judgment & Decree dated 21.12.2020 passed by the learned Civil Judge No.1, Kamrup (M) in Title Appeal 42/2018. By the impugned Judgment, the Judgment & Decree dated 26.06.2018 passed by the learned Munsiff No.1, Kamrup (M) in Title Suit No. 154/2013 has been affirmed. The present petitioner is the defendant in the said Suit, which was instituted for declaration of right, title and interest and primarily for ejectment of the defendant, who is the tenant on the ground of bona fide requirement as well as defaulter.

2. Shri Roy, learned counsel for the petitioner submits that the findings on both the Page No.# 3/3

issues are not accordance with law.

3. Shri A. Ikbal, learned counsel, who has appeared for the respondents on the strength of a Caveat however, submits that the present challenge is against the concurrent findings of fact and this Court in exercise of powers under Section 115 of the CPC would be loathe to interfere with such findings in absence of gross perversity or blatant illegality.

4. Admit.

5. Call for the records.

6. Since, the respondents have appeared through Shri Ikbal, issuance of fresh notice is dispensed with.

7. As agreed to by the parties, Registry to list this case for hearing on 26.10.2021 along with the LCR.

8. Till the next date fixed, it is directed that the impugned Judgment & Decree shall not be given effect to and no further action be taken in the connected execution case.

JUDGE

Comparing Assistant