Anjali Choudhury vs Md. Asmat Ali And Ors
2022 Latest Caselaw 4599 Gua

                                                         Page No.# 1/3

GAHC010227842022




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

                            Case No. : RSA/168/2022

         ANJALI CHOUDHURY
         W/O BHASKAR BARUAH,
         VILL.- NURARA,
         P.O. AND P.S.- RANGIA,
         DIST.- KAMRUP (ASSAM) PIN- 781354.

         VERSUS

         MD. ASMAT ALI AND ORS.
         S/O MD. NUR ALI,
         VILL.- KALABHANGA, BARPETA ROAD,
         DIST.- BARPETA, ASSAM
         PRESENTLY RESIDING AT RANGIA TOWN,
         WARD NO. 4 (NEAR SHIV MANDIR)
         P.O. AND P.S. RANGIA
         DIST.- KAMRUP, ASSAM PIN- 781354.

         2:MD. ANSER ALI
          S/O MD. NUR ALI
          VILL.- KALABHANGA
          BARPETA ROAD
          DIST.- BARPETA ASSAM
         PRESENTLY RESIDING AT RANGIA TOWN
          WARD NO. 4 (NEAR SHIV MANDIR)
         P.O. AND P.S. RANGIA
         DIST.- KAMRUP
         ASSAM PIN- 781354.

         3:MD. MANSER ALI
          S/O MD. NUR ALI
         VILL.- KALABHANGA
          BARPETA ROAD
          DIST.- BARPETA
         ASSAM PRESENTLY RESIDING AT RANGIA TOWN
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            WARD NO. 4 (NEAR SHIV MANDIR)
            P.O. AND P.S. RANGIA
            DIST.- KAMRUP
            ASSAM PIN- 781354.

            4:MANJU BANIK
            W/O KRISHNA BANIK
             R/O RANGIA TOWN
            WARD NO. 5
             P.O. AND P.S.- RANGIA
            DIST.- KAMRUP
            ASSAM
             PIN- 781354.

            5:PRATIMA MANDAL
            W/O LATE JURAM MANDAL
             R/O RANGIA TOWN
            WARD NO. 5
             P.O. AND P.S.- RANGIA
            DIST.- KAMRUP
            ASSAM PIN- 781354

Advocate for the Petitioner   : MR D KALITA

Advocate for the Respondent :


                                   BEFORE
                     HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                         ORDER

Date : 21.11.2022

Heard Mr. D. Kalita, learned counsel for the appellant.

By this appeal under Section 100 and Order XLI Rule 1 and 2 of the CPC, the appellant has prayed for setting aside and quashing of the impugned Judgment and Decree, dated 10.08.2022, passed by the learned Civil Judge, Kamrup at Amingaon in Title Appeal No.13/2019 thereby affirming the Judgment and Decree, dated 13.03.2019, passed by the learned Munsiff, Rangia in Title Suit No. 10/2017.

The second appeal is admitted on the following substantial questions of law:

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1. Whether the lower Appellate Court is justified by holding that plaintiff has failed to prove that Schedule B land is not a part of Schedule A land where right, title, interest of Schedule A & B land has been affirmed?

2. Whether there is perversity of finding of facts and law involved in the case?

Issue notice.

Steps be taken by registered post with A/D within seven days.

List this matter after 6 (six) weeks.

JUDGE

Comparing Assistant