Md. Abdul Mazid vs Md. Abdul Kadir And 4 Ors
2021 Latest Caselaw 2361 Gua

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GAHC010003322016




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

                            Case No. : RSA/93/2019

         MD. ABDUL MAZID
         S/O- LATE HAZI IZZAT ALI,
         R/O- VILL.- BHITORSUTI, MOUZA- BHAIRABPAD, P.O.- KALIABHOMORAH,
         P.S. TEZPUR, DIST.- SONITPUR, ASSAM, PIN- 784027.



         VERSUS

         MD. ABDUL KADIR and 4 ORS.
         S/O- LATE HAZI IZZAT ALI,
         R/O- VILL.- BHITORSUTI, MOUZA- BHAIRABPAD, P.O. KALIABHOMORAH,
         DIST.- SONITPUR, ASSAM, PIN- 784027.

         2:MD. ABDUL SATTAR
          S/O- MD. ABDUL GANI

         R/O- VILL.- KHANAMUKH
         P.S. TEZPUR
         DIST. SONITPUR
         ASSAM
         PIN- 784001.

         3:MD. KASEM ALI

          S/O- MD. ABDUL GANI

         R/O- VILL.- KHANAMUKH
         P.S. TEZPUR
         DIST. SONITPUR
         ASSAM
         PIN- 784001.

         4:MD. ABDUL AZIZ
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             S/O- MD. ABDUL GANI

            R/O- VILL.- KHANAMUKH
            P.S. TEZPUR
            DIST. SONITPUR
            ASSAM
            PIN- 784001.

            5:MD. ZAKIR HUSSAIN
             S/O- MD. ABDUL GANI

            R/O- VILL.- KHANAMUKH
            P.S. TEZPUR
            DIST. SONITPUR
            ASSAM
            PIN- 784001

Advocate for the Petitioner   : MR. S SAHU

Advocate for the Respondent : MR B PUSHILAL




                                   BEFORE
                  HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                           ORDER

29.09.2021

Heard the learned counsel Mr. S. Sahu, appearing for the appellant as well as Mr. A.R. Shome, appearing for the respondent no. 1. The appeal is admitted for hearing upon the following 2 (two) substantial questions of law:

I. Whether the impugned judgment and decree passed by the first appellate court upholding the finding of learned trial court is perverse?

II. Whether the learned first appellate court while upholding the judgment and decree of the trial court failed to give a proper finding with regard to the essential ingredients of a gift under the Mohammedan Law?

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

Issue Notice to the respondents.

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No formal notice is required to be served upon the respondent no. 1 as because he has accepted the notice.

The appellant is directed to take steps for service of notice upon the remaining respondent by registered post with A/D and other usual process.

LCR be called for.

List after 6 (six) weeks.

JUDGE

Comparing Assistant