Page No.# 1/3 vs Azir Uddin And 4 Ors
2022 Latest Caselaw 239 Gua

                                                                   Page No.# 1/3

GAHC010013762020




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

                           Case No. : RSA/102/2021

         NEZAM UDDIN AND 3 ORS
         S/O- LATE MOSHAID ALI, R/O- VILL.- RADHAMADHAVPUR, P.O.
         KOTAMONI, P.S. PATHARKANDI, DIST.- KARIMGANJ, ASSAM, PIN- 788728.

         2: BURHAN UDDIN
          S/O- LATE MOSHAID ALI
          R/O- VILL.- RADHAMADHAVPUR
          P.O. KOTAMONI
          P.S. PATHARKANDI
          DIST.- KARIMGANJ
         ASSAM
          PIN- 788728.

         3: RUBIA BEGUM
          S/O- LATE MOSHAID ALI
          R/O- VILL.- RADHAMADHAVPUR
          P.O. KOTAMONI
          P.S. PATHARKANDI
          DIST.- KARIMGANJ
         ASSAM
          PIN- 788728.

         4: JUBERA BEGUM
          S/O- LATE MOSHAID ALI
          R/O- VILL.- RADHAMADHAVPUR
          P.O. KOTAMONI
          P.S. PATHARKANDI
          DIST.- KARIMGANJ
         ASSAM
          PIN- 788728

         VERSUS

         AZIR UDDIN AND 4 ORS
                                                                       Page No.# 2/3

            S/O- LATE MOSHAID ALI, R/O- VILL.- RADHAMADDHAVPUR, P.O.
            KOTAMONI, P.S. PATHARKANDI, DIST.- KARIMGANJ, ASSAM, PIN- 788728.

            2:NURUL HAQUE
             S/O- LATE ABDUR ROZZAQUE
             R/O- VILL.- RADHAMADDHAVPUR
             P.O. KOTAMONI
             P.S. PATHARKANDI
             DIST.- KARIMGANJ
            ASSAM
             PIN- 788728.

            3:ABDUL BOSOR
             S/O- LATE ABDUR ROZZAQUE
             R/O- VILL.- RADHAMADDHAVPUR
             P.O. KOTAMONI
             P.S. PATHARKANDI
             DIST.- KARIMGANJ
            ASSAM
             PIN- 788728.

            4:MONIR UDDIN
             S/O- TASMIR ALI
             R/O- VILL.- RADHAMADDHAVPUR
             P.O. KOTAMONI
             P.S. PATHARKANDI
             DIST.- KARIMGANJ
            ASSAM
             PIN- 788728.

            5:JANNATUN NESSA
            W/O- ABDUL HALIM
             R/O- VILL.- RADHAMADDHAVPUR
             P.O. KOTAMONI
             P.S. PATHARKANDI
             DIST.- KARIMGANJ
            ASSAM
             PIN- 788728

Advocate for the Petitioner   : MR. M H RAJBARBHUIYAN

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

                                                  ORDER

Date : 25.01.2022 Heard Mr. M.H. Rajbarbhuiya, learned counsel for the appellants and Mr. F.U. Barbhuiya, learned counsel for all the respondents.

This appeal has been under Section 100 of the Civil Procedure Code, 1908.

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

(1) Whether the learned lower appellate Court was justified in setting aside the judgment of dismissal of the suit for failure on the part of plaintiff to give the clear and real picture of the suit land allegedly possessed by him and disposed subsequently in view of evidence of his own witness PW 2 and PW 3 who stated a different picture of the suit land being in possession of appellant/defendant Nos.1 and 2 from the days of late father Moshaid Ali (father of both the parties) as inherited property and mutually partitioned?

(2) If the plaintiff/ respondent could comply with the mandate of Order 7 rule 3 of the Civil Procedure Code in view of contradictory description of suit schedule in the plaint and during evidence on record?

(3) Whether the plaintiff, as against the claim of the appellants/ defendants, could prove by any record that suit land was recorded in his name and name of Abdul Razzaque (the predecessor of other plaintiffs) in the settlement record earlier (which was an actiona patta in name of Moshaid, common predecessor)?

Call for the LCR.

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

No formal notice need be issued to the respondents as Mr. F.U. Barbhuiya has entered appearance and accepted notice on behalf of all the respondents

List the matter after six weeks.

JUDGE

Comparing Assistant