Abdul Gani Ansari vs On The Death Of Lt. Phulu Rani Pio ...
2022 Latest Caselaw 5174 Gua

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GAHC010259912022




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

                                  Case No. : RSA/195/2022

            ABDUL GANI ANSARI
            S/O LT. FIAZ MOHAMMAD R/O DULIAJAN P.O. AND P.S. DULIAJAN DIST.
            DIBRUGARH ASSAM PIN-786602



            VERSUS

            ON THE DEATH OF LT. PHULU RANI PIO HER LEHAL HEIR NAMELY
            KALPANA PIO
            D/O LT. PHULU RANI PIO, R/O NO. 1 PADUMONI P.O. SARUPATHAR DIST.
            GOLAGHAT ASSAM PIN-785601



Advocate for the Petitioner   : MR. C BARUAH

Advocate for the Respondent :




                                   BEFORE
                     HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                         ORDER

22.12.2022 Heard Mr. B. Baruah, learned counsel for the appellant.

This appeal under Section 100 of the C.P.C. has been preferred against the impugned Judgment and Decree, dated 05.11.2022, passed by the learned Civil Judge, Dibrugarh in T.A. No. 03/2019.

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

1. Whether the Courts below committed serious error of law in its judgment by believing the possession of the plaintiff with respect to the suit land?

2. Whether the alleged oral power of attorney in favour of Md. Azizullah by Phulu Rani Pio toward institution of Title Suit No. 131/2010 was legal, valid and admissible in law and can be relied on?

The appellant is permitted to raise any other substantial question of law which may arise in course of hearing.

Issue notice. Steps be taken by registered post with A/D within 5(five) days.

Call for the records.

List after 6(six) weeks.

JUDGE

Comparing Assistant