Gauhati High Court
Md. Mafizuddin vs On The Death Of Md. Taimuddin on 18 July, 2022
Page No.# 1/4
GAHC010144802020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Review.Pet./117/2022
MD. MAFIZUDDIN
S/O- LATE NASIM UDDIN, VILL.- MAJARGAON, P.O. PATBAUSI, P.S. AND
DIST.- BARPETA, ASSAM- 781314.
VERSUS
ON THE DEATH OF MD. TAIMUDDIN, HIS LEGAL HEIRS MD. TARIF UDDIN
AND 5 ORS.
S/O- LATE TAIMUDDIN, R/O- VILL.- NANGALKUR, P.O. PAHUMARA, P.S.
AND DIST.- BARPETA, ASSAM, PIN- 781308.
2:MD. JALAL UDDIN
S/O- LATE TAIMUDDIN
R/O- VILL.- NANGALKUR
P.O. PAHUMARA
P.S. AND DIST.- BARPETA
ASSAM
PIN- 781308.
3:MD. ANOWAR HUSSAIN
S/O- LATE TAIMUDDIN
R/O- VILL.- NANGALKUR
P.O. PAHUMARA
P.S. AND DIST.- BARPETA
ASSAM
PIN- 781308.
4:MISS NURJAHAN BEGUM
D/O- LATE TAIMUDDIN
R/O- VILL.- NANGALKUR
P.O. PAHUMARA
P.S. AND DIST.- BARPETA
Page No.# 2/4
ASSAM
PIN- 781308.
5:MISS JARINA BEGUM
D/O- LATE TAIMUDDIN
R/O- VILL.- NANGALKUR
P.O. PAHUMARA
P.S. AND DIST.- BARPETA
ASSAM
PIN- 781308.
6:MISS AMELA BEGUM
D/O- LATE TAIMUDDIN
R/O- VILL.- NANGALKUR
P.O. PAHUMARA
P.S. AND DIST.- BARPETA
ASSAM
PIN- 781308
Advocate for the Petitioner : MR. A R SIKDAR
Advocate for the Respondent : MS A HUSSAIN
Linked Case : RSA/42/2006
ON THE DEATH OF MD. TAIMUDDIN
HIS LEGAL HEIRS MD. TARIF UDDIN
S/O LATE TAIMUDDIN
R/O VILL. NANGALKUR
P.O. PAHUMARA
P.S. AND DIST. BARPETA
ASSAM
2: MD. JALAL UDDIN
S/O LATE TAIMUDDIN
3: MD. ANOWAR HUSSAIN
S/O LATE TAIMUDDIN
4: MISS NURJAHAN BEGUM
D/O LATE TAIMUDDIN
5: MISS JARINA BEGUM
Page No.# 3/4
D/O LATE TAIMUDDIN
6: MISS AMELA BEGUM
D/O LATE TAIMUDDIN
ALL ARE R/O VILL. NANGALKUR
P.O. PAHUMARA
P.S. AND DIST. BARPETA
ASSAM
VERSUS
MD. MAFIZUDDIN
SON OF LT. NASIM UDDIN
VILL. MAJARGAON
P.O. PETBARSAI
P.S. AND DIST. BARPETA
------------
Advocate for : MR. J AHMED
Advocate for : MR. A C SARMA appearing for MD. MAFIZUDDIN
BEFORE
HONOURABLE MR. JUSTICE DEVASHIS BARUAH
ORDER
Date : 18.07.2022
Heard Mr. A. R. Sikdar, the learned counsel appearing on behalf of the Review
Petitioner and Mr. J. Ahmed, the learned counsel appearing on behalf of the
Respondents.
This Review Petition has been filed seeking review of the judgment and order
dated 19/11/2019 passed in RSA No. 42/2006, whereby the said Second Appeal was
allowed thereby setting aside the Judgment and Order dated 17/9/2005 passed in
Title Appeal No. 1/2005.
I have perused the review application as well as heard the learned counsel
appearing on behalf of the parties.
Page No.# 4/4
The learned counsel for the Review Petitioner has submitted that in view of the
provisions of Section 11 of the Assam Land and Revenue Regulation, 1886 read with
Rule 1(c) of the Settlement Rules, the annual patta cannot be transferred and this
Court while passing the Judgment and Order dated 19/11/2019 failed to consider the
same for which the impugned Judgment and Order is liable to be reviewed. From a
perusal of the said Judgment and Order dated 19/11/2019, it would reveal that this
Court had taken into consideration the Division Bench Judgment of this Court
rendered in the case of Jainur Ali Vs. Sufia Bibi reported in AIR 1951 SC 20 as well as
the Judgment rendered in the case of Govinda Ch. Das Vs. Boloram Boro reported in
(2000) 3 GLJ 159 and had come to a finding that an annual patta land is a valid sale
that can be enforced against the transferor as well as his heirs.
Considering the above, the said ground seeking review cannot be an error
apparent on the face of the record. Under such circumstances, this Court is of the
opinion that the review sought for to the Judgment and Order dated 19/11/2019
passed in RSA No.42/2006 is devoid of any merit and accordingly the said Review
Petition stands dismissed.
JUDGE
Comparing Assistant
