Page No.# 1/4 vs Ismail Ali Laskar And 4 Ors
2022 Latest Caselaw 4775 Gua

                                                             Page No.# 1/4

GAHC010197432022




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

                           Case No. : RSA/178/2022

         MOIN UDDIN LASKAR AND ANR .
         S/O LATE SHOKAT ALI LASKAR,
         VILLAGE PURBOSUNAPUR, DIST HAILAKANDI, ASSAM

         2: ABDUL MUKIT LASKAR

          S/O LATE SHOKAT ALI LASKAR

         VILLAGE PURBOSUNAPUR
         DIST HAILAKANDI
         ASSA

         VERSUS

         ISMAIL ALI LASKAR AND 4 ORS .
         S/O LATE HAZI MUFIZ ALI
         VILLAGE PURBOSUNAPUR, PO PURBOSUNAPUR, DIST HAILAKANDI,
         ASSAM

         2:IBRAHIM ALI LASKAR

          S/O LATE HAZI MUFIZ ALI LASKAR

         RESIDENT OF NIVIA(KATAKHAURI) PO RATABARI
         DIST KARIMGANJ ASSAM

         3:KHUDEJA BIBI
         W/O LATE ABDUL BARI

         RESIDENT OF VILLAGE NITAINAGAR PART II
         PO AND DIST HAILAKANDI
         ASSAM

         4:NAZRUL ISLAM LASKAR
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             S/O LATE ABDUL KHALIQUE LASKAR

            RESIDENT OF NITAINAGAR PART II
            PO AND DIST HAILAKANDI
            ASSA

Advocate for the Petitioner   : MR. J LASKAR

Advocate for the Respondent :




                                     BEFORE
                      HONOURABLE MRS. JUSTICE MITALI THAKURIA

                                          ORDER

Date : --05.12.2022

Heard Mr. J. Laskar, learned counsel for the appellant. This is the second appeal under section 100 of the Code of Civil Procedure against the judgment and decree dated 22.06.2022, passed in Title Appeal No. 29/2019, by the learned Civil Judge, Hilakandi, whereby the appeal was partially allowed, modifying the judgment and decree dated 26.08.2019, in Title Suit No. 70/2010, passed by the learned Munsif No. 1, Hilakandi.

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

i) Whether the learned Court below is justified in holding that the appellants/Plaintiffs have no right, title interest and confirmation of possession over the suit land without taking into consideration the basis on which principal defendant No. 1/ respondent No. 1 claiming their right over the suit land i.e sale deed no. 1039 and 1040 dated 09.11.2001 were held void and ineffective?

ii) Whether the learned below is justified reversing Page No.# 3/4

the issue no. IV which is contradictory to its own finding holding that deed No. 1039 and 1040 dated 09.11.2001 is not maintainable considering the fact that the said deeds were already declared void and inoperative by a competent Civil Court in T.S. 127/2006?

iii) Whether learned Court below is justified in allowing the appeal by reversing the issue no. 4 without taking into consideration of section 17 & 18 of the Registration Act?

iv) Whether the learned Courts below is justified in reversing the issue No. 4 that the appellants/plaintiffs have no right, title, interest and confirmation of possession over the suit land without taking consideration that the sale deed no. 108 dated 22.01.2002 which was executed by the defendant no. 2 had not adduced any evidence denying execution of the said sale deed by which the suit land was sold infavour of the plaintiffs/appellants? or Any other substantial question of law those may be formulated at the time of hearing.

LCR be called for.

Let the notice be issued to the respondents through registered post with A/D and other usual process returnable within 4(four) weeks.

List the matter after 6(six) weeks on a date to be fixed by the Registry.

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JUDGE

Comparing Assistant