Haji Md. Bolai Mia vs Md. Khairul Islam And 3 Ors
2022 Latest Caselaw 5070 Gua

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GAHC010062882020




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

                           Case No. : RSA/182/2022

         HAJI MD. BOLAI MIA
         S/O LATE HAJI INTAJ ALI, RESIDENT OF VILLAGE BERAJAL, PO AND PS
         NILAMBAZAR, DIST KARIMGANJ, ASSAM



         VERSUS

         MD. KHAIRUL ISLAM AND 3 ORS
         S/O HAJI ABDUL SUKKUR, R/O VILLAGE BENUGRAM, PROGONA DEWADI,
         PO AND PS NILAMBAZAR, DIST KARIMGANJ.

         2:MD. FAKRUL HAQUE
          S/O HAJI ABDUL SUKKUR
          RESIDENT OF VILLAGE BENUGRAM
          PROGONA DEWADI
          PO AND PS NILAMBAZAR
          DIST KARIMGANJ

         3:SHUKLA DHAR
         W/O LATE DILIP RANJAN DHAR
          RESIDENT OF VILLAGE ISWARSHREE

          PROGONA DEWADI
          PO AND PS NILAMBAZAR
          DIST KARIMGANJ

         4:DEBOJYOTI DHAR
          S/O LATE DILIP RANJAN DHAR
          RESIDENT OF VILLAGE ISWARSHREE

          PROGONA DEWADI
          PO AND PS NILAMBAZAR
          DIST KARIMGAN
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Advocate for the Petitioner   : MR. S P CHOUDHURY

Advocate for the Respondent :


                                   BEFORE
                  HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                        ORDER

19.12.2022

Heard the learned counsel Mr. S.P.Choudhury, appearing for the appellant.

The appeal is admitted for hearing on the following three substantial questions of law:-

1. Whether the learned lower appellate court misconstrued the provision of Section 101 of the Evidence Act and thereby has arrived at an erroneous finding?

2. Whether the learned lower appellate court passed the impugned judgment and decree in contravention of the provisions of Order XLI Rule 31 of the Code of Civil Procedure?

3. Whether the Sale Deed as exhibited by the plaintiff is hit by Section 32 of the Registration Act in view of the evidence available on record?

Issue notice to the respondents.

The appellant shall take steps for service of notice upon the respondents by registered post with A/D.

Call for the LCR.

List after 4(four) weeks.

JUDGE

Comparing Assistant