Md Abdul Munim vs Md Aftab Uddin And 3 Ors
2022 Latest Caselaw 583 Gua

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GAHC010059462019




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

                                  Case No. : RSA/127/2021

            MD ABDUL MUNIM
            S/O LATE ASADDAR ALI, VILL- KESHORKAPAN, P.O.-JAGANNATHI-788709,
            DIST- KARIMGANJ, ASSAM



            VERSUS

            MD AFTAB UDDIN AND 3 ORS
            S/O LATE MODOI MIA, VILL-BAGARSANGON, P.O.-JAGANNATHI-788709,
            DIST-KARIMGANJ, ASSAM

            2:MD. ASAR UDDIN
             S/O LATE ABDUL WAHAB
            VILL-BAGARSANGON
             P.O.-JAGANNATHI-788709
             DIST-KARIMGANJ
            ASSAM

            3:THE STATE OF ASSAM
             (NOTICE TO BE SERVED THROUGH THE GOVT. ADVOCATE
            ASSAM
             GAUHATI HIGH COURT
             GUWAHATI-781001)

            4:THE SUB-REGISTRAR
             KARIMGANJ SADAR
             P.O.-KARIMGANJ-788710
             DIST-KARIMGANJ
            ASSA

Advocate for the Petitioner   : MR. N DHAR

Advocate for the Respondent :
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                                     BEFORE
                    HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                          ORDER

Date : 18.02.2022

Heard Mr. N. Dhar, learned counsel for the appellant.

The appeal is admitted for hearing upon the following substantial question of law:

1) Whether the impugned judgment and decree passed by the learned courts below ignoring the evidence of P.W.1 and D.W.1 in the case record and thereby arriving at the findings that the suit land described in the Schedule-1 of the plaint was partitioned in between appellant/plaintiff and the respondent/defendant No. 1 have resulted in to perversity and failures of justice?

2) Whether the impugned judgment and decree passed by learned courts below ignoring the evidence of respondent/defendant No. 1 in the case record and thereby arriving at that the appellant/plaintiff is not a co-sharer of the suit land and accordingly the appellant/plaintiff is not a co-sharer of the suit land and accordingly the appellant/plaintiff is not entitled to the right of pre-emption of purchase the share of respondent/ defendant in the suit land have resulted into perversity and resulting into the failures of justice?

The appellant shall be at liberty to raise any other substantial Page No.# 3/3

question of law at the time of hearing.

Issue notice returnable in six weeks.

The appellant shall take step for service of notice upon the respondent by registered post with AD and also other usual process within one week.

Call for the LCR.

List the matter after six weeks.

JUDGE

Comparing Assistant