Shri Dilip Kumar Agarwalla vs Must Ara Jahan And Anr
2022 Latest Caselaw 606 Gua

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GAHC010034812016




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

                           Case No. : RSA/17/2022

         SHRI DILIP KUMAR AGARWALLA
         S/O- LATE PRAHLAD RAI AGARWALLA, R/O- J.P.R. ROAD, JORHAT TOWN,
         P.O. AND DIST.- JORHAT, ASSAM.



         VERSUS

         MUST ARA JAHAN and ANR
         W/O- DR. GAISUDDIN AHMED, GAUHATI UNIVERSITY CAMPUS, QUARTER
         NO. 125, P.O. JALUKBARI, DIST.- KAMRUP(M), PIN- 781014.

         2:ON THE DEATH OF HAJHI NAINUDDIN AHMED HIS LEGAL
         HEIRS(Deceased)
          S/O- LATE HASMATUDDIN AHMED
         WARD NO. 19
          CHEUNI ALI
          JORHAT TOWN
          DIST.- JORHAT
         ASSAM.

         2.1:IRANI HAZARIKA
         W/O LATE HAJI NAIMUDDIN AHMED RESIDENTS OF BORPUL
         A.T.ROAD
          CHEUNI ALI JORHAT 785001

         2.2:AHMED ABID ABBASH
          S /O LATE HAJI NAIMUDDIN AHMED R/O. BORPUL
         A.T. ROAD
          CHEUNI ALI
          JORHAT-785001

         2.3:AHMED AFRID ABBASH
          S/O LATE HAJI NAIMUDDIN AHMED R/O. BORPUL
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              A.T. ROAD
              CHEUNI ALI
              JORHAT-785001

              2.4:MISS SHINY AHMED
               D/O LATE HAJI NAIMUDDIN AHMED R/O. BORPUL
              A.T. ROAD
               CHEUNI ALI
               JORHAT-78500

Advocate for the Petitioner     : MR K K MAHANTA (Sr. Advocate)

Advocate for the Respondent :




                                      BEFORE
                     HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                                ORDER

Date : 21.02.2022 Heard Mr. KK. Mahanta, learned senior counsel, assisted by Mr.K.M. Mahanta, learned counsel for the appellant.

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

1. Whether the impugned decree of reversal is illegal and suffers from error of law and facts?

2. Whether the findings recorded by the learned lower appellate court, that the plaintiffs No. 1, 2, 3, 4 & 6 having valid right and title over the land involved in the partition proceeding, there non impleadment in the said partition proceeding vitiates the entire partition proceeding is erroneous, in view of their abandonment of claim in the suit stating they have already got their share of land from their deceased father Hasmatuddin Ahmed?

3. Whether, the grounds/ reasons on which the learned lower appellate court has set aside/ reversed the decision of the trial court are valid and sustainable in law on the face of the materials on record?

4. Whether, the learned lower appellate court committed an error of law in reversing the decree without considering the reason and findings recorded by the learned trial court under Issue No. 6 and 8?

5. Whether, the learned lower appellate court committed an error of law by reversing the Judgment Page No.# 3/3

of the trial court without considering and holding that the finding of the learned lower appellate court that the plaintiff No. 5 has already got his share of land from the Schedule-A and is in possession of the same, is illegal and/ or perverse?

The appellant shall be at liberty to raise any other substantial questions of law at the time of hearing.

Issue notice to the respondents, returnable by 6 weeks.

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

Steps be taken within three days.

Call for the LCR.

List the matter after 6 weeks.

JUDGE

Comparing Assistant