Haji Abdul Malik vs Md. Abdul Aziz And 19 Ors
2022 Latest Caselaw 315 Gua

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GAHC010060942020




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

                            Case No. : RSA/12/2022

         HAJI ABDUL MALIK
         S/O LATE UMMAR ALI, R/O VILL. GHHULCHARA (PURBA BALIA), P.O.
         GULCHARA, DIST KARIMGANJ, ASSAM, PIN 788720



         VERSUS

         MD. ABDUL AZIZ AND 19 ORS
         S/O MD. ABDUR ROUF, R/O VILL. GULCHARA, PURBA BALIA, PARGANAH
         PRTAOGARH, P.O. GULCHARA, DIST. KARIMGANJ, ASSAM, PIN 788720

         2:MISIRA KHATUN

          W/O LATE ABDUL KARIM
          VILL. PURBA BALIA (BARGOOL)
          P.O. GHULCHARA
          DIST. KARIMGANJ
          ASSAM
          PIN 788720

         3:NOCHIRA KHATUN

          W/O ABDUL ROUF
          VILL. GHULCHARA (PURBA BALIA)
          P.O. GULCHARA
          DIST. KARIMGANJ
          ASSAM
          PIN 78720

         4:TOCHIRA KHATUN

          W/O RUKUB ALI
          R/O VILL. RUPARGUL
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P.O. SINGARIA
DIST. KARIMGANJ
ASSAM
PIN 788719

5:KUTINA BIBI

D/O LATE HAJI AYUB ALI
VILL. AND PO. GULCHARA
DIST. KARIMGANJ
ASSAM
PIN 788720

6:ACHIRA BIBI

W/O HAJI ABDUL NOOR
R/O VILL. PURBA BALIA
P.O. GHULCHARA
DIST. KARIMGANJ
ASSAM
PIN 788720

7:ABDUL SHAHID
 S/O LATE MUDARIS ALI
 PRESENT ADD. VILL. SUNAPUR
 P.O. ERALIGOOL
 DIST. KARIMGANJ
ASSAM
 PIN 788720

8:ABDUL SUFAN

S/O LATE MUDARIS ALI
PRESENT ADD. VILL. SUNAPUR
P.O. ERALIGOOL
DIST. KARIMGANJ
ASSAM
PIN 788720

9:ABDUL KHALIK
 S/O LATE MUDARIS ALI
 PRESENT ADD. VILL. SUNAPUR
 P.O. ERALIGOOL
 DIST. KARIMGANJ
ASSAM
 PIN 788720

10:KHUDEJA BIBI
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W/O ABDUL NOOR
D/O LATE MUDARIS ALI OF VILL. DHOLCHARA
P.O. DHOLCHARA
DIST. KARIMGANJ
ASSAM
PIN 788722

11:JUBEDA KHATUN

W/O ABDUL KHALIK
D/O MUDARIS ALI
VILL. THAMUA ALOMKHANI
P.O. SINGARIA
DIST. KARIMGANJ
ASSAM
PIN 788720

12:NEJAM UDDIN

S/O HABIBUR RAHMAN
R/O VILL. ROYPUR
P.O. OLIVIACHERRA
DIST. KARIMGANJ
ASSAM
PIN 788737

13:HACHON MIA
 S/O HABIBUR RAHMAN
 R/O VILL. ROYPUR
 P.O. OLIVIACHERRA
 DIST. KARIMGANJ
ASSAM
 PIN 788737

14:ISLAM UDDIN
 S/O HABIBUR RAHMAN
 R/O VILL. ROYPUR
 P.O. OLIVIACHERRA
 DIST. KARIMGANJ
ASSAM
 PIN 788737

15:MUSLEH UDDIN

S/O HABIBUR RAHMAN
R/O VILL. ROYPUR
P.O. OLIVIACHERRA
DIST. KARIMGANJ
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             ASSAM
             PIN 788737

            16:AFIA BEGUM

             D/O HABIBUR RAHMAN
             R/O VILL. ROYPUR
             P.O. OLIVIACHERRA
             DIST. KARIMGANJ
             ASSAM
             PIN 788737

            17:SAMURTA BIBI

             W/O HABIBUR RAHMAN
             R/O VILL. ROYPUR
             P.O. OLIVIACHERRA
             DIST. KARIMGANJ
             ASSAM
             PIN 788737

            18:THE STATE OF ASSAM
             NOTICE TO BE SERVED THROUGH THE GOVT. ADVOCATE
            ASSAM.

            19:THE SETTLEMENT OFFICER

             KARIMGANJ
             P.O. AND DIST. KARIMGANJ
             PIN 788710

            20:THE ASSTT. SETTLEMENT OFFICER AND CIRCLE OFFICER OF
            RAMKRISHNA NAGAR CIRCLE
            AT RMKRISHNA NAGAR
             P.O. RAMKRISHNA NAGAR
             DIST. KARIMGAN

Advocate for the Petitioner   : MR. A CHOUDHURY

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

                                             ORDER

Date : --31.01.2022 Heard Mr. A.K. Talukdar, learned counsel appearing for the appellant. This second appeal is admitted on the following substantial questions of law :- Whether the lower appellate court has rightly reversed the findings of the Trial Court by going beyond the pleadings and non relying the photocopy of a registered Sale Dee4d (Ext. 8) the contents and veracity of which is not disputed rather impliedly admitted by the defendants, will not have evidentiary value only because of it being a photocopy, the original of which is in the custody and ownership of third person and beyond control of the plaintiffs ?

Whether the lower appellate court has rightly reversed the findings of the Trial Court by going beyond the pleadings and materials evidence, while the same Defendant/ DW-1 in his WS stated that the suit land is in connection with Old Dag No. 1374, New Dag No. 998 and Patta No. 676, but in cross examination specifically admitted that the Dag No. In Khatian (Ext. A) is 720/1341, where from his vendor claimed to had acquired title, is not mentioned in Ext. B, thereby it clearly mean that the land in Ext. B is not the land of Ext. A Khatian ?

Whether the learned Appellate Court has rightly adjudicated the validity of the examination of Ext. 8 (Purchase Deed), where neither the writer of the Deed nor the attesting witnesses of the Deed were called for proving the Deed by the respondent/ Defendant No. 1, who claimed to have purchased the suit land ?

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

Issue notice to the respondents returnable within 6 weeks. The appellant shall take steps on the respondents within 3 days from today both by way of registered A/D post as well as usual process.

Call for the LCR.

Mr. Talukdar submits that he has filed two I.A. for stay of the impugned judgment but the same has not been listed today.

Registry is directed to verify the same and list the two I.A. along with the appeal on 07.02.2022. List the matter on 07.02.2022.

JUDGE

Comparing Assistant