Sabed Ali Sk vs Aditya Raj Barua And Anr
2022 Latest Caselaw 1200 Gua

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GAHC010062872022




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

                                  Case No. : RSA/54/2022

            SABED ALI SK
            S/O LATE SAMSER ALI,
            RESIDENT OF VILLAGE TIAMARI PART 1, PS GAURIPUR, DIST DHUBRI,
            PRESENTLY RESIDING AT BONGAIGOAN, PS AND DIST BONGAIGAON,
            ASSAM, 783380



            VERSUS

            ADITYA RAJ BARUA AND ANR.
            S/O LATE AMAL CH. BARUA
            RESIDENT OF VILLAGE WARD NO. 1, GAURIPUR, PS GAURIPUR, DIST
            DHUBRI, ASSAM 783331

            2:ASHOK KUMAR DUTTA
             S/O LATE AJIT KUMAR DUTTA
            WARD NO. 1
             GUARIPUR
             PO AND PS GAURIPUR
             DIST DHUBRI
            ASSAM 78333

Advocate for the Petitioner   : MR P UPADHYAY

Advocate for the Respondent :




                              BEFORE
             HONOURABLE MR. JUSTICE HITESH KUMAR SARMA

                                        ORDER

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04.04.2022

Heard the learned counsel Mr. A Upadhyay for the appellant.

The regular second appeal is admitted on the following substantial questions of law:

(i). Whether the learned First Appellate Court is justified in reversing the judgment of the learned Trial Court without coming to a conclusion that there was consensus ad-idem between the parties for a concluded oral agreement for sale of suit land?

(ii). Whether the findings of the learned First Appellate Court in respect of the issue No.4 and 5 are perverse?

(iii). Whether the impugned judgment and decree conforms to the provision under Order 41 Rule 31 of C.P.C?

Issue notice.

Appellant to take steps for service of notice on the respondents by registered post with A/D as well as by any other mode, as prescribed by the CPC within seven days.

Call for the LCR.

List the matter immediately after service of notice in the 4th week of May, 2022.

JUDGE

Comparing Assistant