Gauhati High Court
Azizur Rahman Barbhuiya vs Manjir Ali Laskar And 7 Ors on 25 February, 2022
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GAHC010086282021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : RSA/27/2022
AZIZUR RAHMAN BARBHUIYA
S/O LATE YASIN ALI BARBHUIYA,
VILLAGE KASHIPUR, PART II,
PO KASHIPUR, PS SILCHAR, DIST CACHAR, ASSAM
VERSUS
MANJIR ALI LASKAR AND 7 ORS
S/O LATE IDRIS ALI LASKAR,
VILLAGE KASHIPUR, PART II,
PO KASHIPUR, PARGONA BARAKPAR,
PS SILCHAR, DIST CACHAR, ASSAM 788009
2:SMTI JHUNU RANI DAS
W/O LATE LAL MOHAN DAS
D/O RAJENDRA KUMAR DAS
RESIDENT OF BOTEROL
DURGA SARANI
MEHERPUR
PS SILCHAR
DIST CACHAR
ASSAM 788015
3:SMTI RAMANI BALA DAS
W/O LATE RAJENDRA KUMAR DAS
VILLAGE KASHIPUR
PART II
PO KASHIPUR
PS SILCHAR
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DIST CACHAR
ASSAM
788009
AT PRESENT RESIDING AT HOUSE OF HER DAUGHTER SMTI JHUNU RANI
DAS
RESIDENT OF BOTERTOL
DURGA SARANI
MEHERPUR
PS SILCHAR
DIST CACHAR
ASSAM
4:SMTI SUMATI RANI DAS
W/O SUMANTA NARAYAN DAS
D/P LATE RAJENDRA KUMAR DAS
RESIDENT OF AMRAGHAT
PO AMRAGHAT
788116. PS DHOLAI
DIST CACHAR
ASSAM
5:MD. SALIM UDDIN BARBHUIYA
S/O LATE PETU MIA
RESIDENT OF VILLAGE KASHIPUR PART II
PARGONA BARAKPAR
PO KASHIPUR
PS SILCHAR
DIST CACHAR
ASSAM. 788009
6:MD. TAJ UDDIN BARBHUIYA
S/O LATE ABDUR RAHIM BARBHUIYA
RESIDENT OF VILLAGE KASHIPUR PART II
PARGONA BARAKPAR
PO KASHIPUR
PS SILCHAR
DIST CACHAR
ASSAM. 788009
7:MD. MOTIBUR RAHMAN BARBHUIYA
S/O LATE KUTU MIA BARBHUIYA
RESIDENT OF VILLAGE KASHIPUR PART II
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PARGONA BARAKPAR
PO KASHIPUR
PS SILCHAR
DIST CACHAR
ASSAM. 788009
8:MD. KUTUB UDDIN BARBHUIYA
S/O SIKKANDAR ALI
RESIDENT OF VILLAGE KASHIPUR PART II
PARGONA BARAKPAR
PO KASHIPUR
PS SILCHAR
DIST CACHAR
ASSAM. 78800
Advocate for the Petitioner : MR. N DHAR
Advocate for the Respondent :
BEFORE
HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA
ORDER
Date : 25.02.2022.
Heard Mr. T.U. Laskar, the learned counsel appearing for the applicant.
The appeal is admitted for hearing upon the following substantial
question of law.
(i) Whether the impugned judgment and decree passed by the
learned appellant court below ignoring the respective pleading of the
parties to the suit and the evidence of plaintiff(PW.1) in the case record
and thereby decreeing the suit of the plaintiff over the suit land without
impleading Safir Uddin, Jamal Uddin, Rafique Uddin, Najir Uddin, Badsa
Mia, Forij Uddin, Siraj Uddin, Nazim Uddin, Sahab Uddin, Kansar Ali and
Siraj Ali who are the co-pattadars of the suit land by right of inheritance
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over the suit land resulting in to perversity and miscarriage of justice?
(ii) Whether the impugned judgment and decree passed by the
learned appellate court below ignoring the evidence of plaintiff(PW-1) in
the nature of an admission that the son of the original pattadars of the
suit land, namely, Sikandar Ali, sold the suit land to the defendant Azijur
Rahman and also delivered possession of the suit land to the defendant
No.1 and thereby decreeing the suit of the plaintiff resulting into
perversity and miscarriage of justice?
(iii) Whether the impugned judgment and decree passed by the
learned appellant court below ignoring the evidence of plaintiff
witnesses (PW.2) in the nature of an admission that the residence of the
defendant is situated over the suit land and his father had about 2 bigha
of land in the suit patta and his two brothers sold land to the defendant
in the suit patta and delivered possession after the aforesaid sale of
land by his brother sold the said land to the defendant resulting into
perversity and failure of justice?
Issue notice returnable within 6(six) weeks.
The appellant shall take steps for service of notice upon the
respondents by registered posts with AD as well as by other usual process.
Call for the LCR.
The applicant shall be at liberty to raise any other substantial question
of law at the time of hearing.
List the matter after six weeks on a date to be fixed by the Registry.
JUDGE
Comparing Assistant
