Sayed Pasnur Ali vs Munnaf Ali
2022 Latest Caselaw 4827 Gua

                                                                       Page No.# 1/3

GAHC010119192022




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

                                  Case No. : RSA/146/2022

            SAYED PASNUR ALI
            S/O LATE PRASAD ALI,
            RESIDENT OF VILLAGE BARGHULI,
            MOUZA KAURBAHA, DIST BAKSA, BTAD, ASSAM



            VERSUS

            MUNNAF ALI
            S/O GOLAP HUSSAIN,
            RESIDENT OF VILLAGE BARGHULI,
            MOUZA KAURBAHA, DIST BAKSA, BTAD, ASSAM



Advocate for the Petitioner   : MR A ISLAM

Advocate for the Respondent :




                                     BEFORE
                      HONOURABLE MRS. JUSTICE MITALI THAKURIA

                                         ORDER

Date : --07.12.2022

Heard Mr. A. Islam, 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 16.03.2022, passed in Page No.# 2/3

T.A No. 02/2018, by the learned Civil Judge, 1, Baksa. The appeal is admitted on the following substantial questions of law:

i) Whether the transfer of immovable property by way of sale or purchase can be effected without executing registered Sale Deed and if such transfer is effected verbally, whether such verbal transfer of immovable property is valid in the eye of law?

ii) When transfer of immovable property has been made compulsorily registerable by the Indian Registration Act, whether transfer of immovable property can be made without registered Sale Deed and whether such unregistered verbal transfer of immovable property can be acted upon by the Trial Court?

iii) Whether any person has the power to distribute any immovable property among his or her legal heirs without having any transferable right over that immovable property?

Or any other substantial questions of law if any, 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 ensuing winter vacation on a date to be fixed by the Registry.

JUDGE Page No.# 3/3

Comparing Assistant