Asmot Paramanik @ Asmat Ali ... vs Abdul Baten And Ors
2022 Latest Caselaw 4601 Gua

                                                                  Page No.# 1/4

GAHC010226842022




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

                           Case No. : RSA/159/2022

         ASMOT PARAMANIK @ ASMAT ALI PARAMANIK
         S/O LATE SAHEB ALI PARAMANIK,
         RESIDENT OF BAMUNPARA PART V, PS BILASIPARA, DIST DHUBRI,
         ASSAM 783348



         VERSUS

         ABDUL BATEN AND ORS.
         S/O ABDUS SATTAR, RESIDENT OF VILLAGE HATIPOTA PART II, PS
         BILASIPARA, DIST DHUBRI, ASSAM 783348

         2:ASHAN PARAMANIK
          S/O LATE SAHEB PARAMANIK
         RESIDENT OF BAMUNPARA PART V
          PS BILASIPARA
          DIST DHUBRI
         ASSAM 783348

         3:AZAM PARAMANIK
          S/O LATE SAHEB PARAMANIK
         RESIDENT OF BAMUNPARA PART V
          PS BILASIPARA
          DIST DHUBRI
         ASSAM 783348

         4:KARUN PARAMANIK
          S/O LATE RAHMAT PARAMANIK
         RESIDENT OF BAMUNPARA PART V
          PS BILASIPARA
          DIST DHUBRI
         ASSAM 783348
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5:MATLEB PARAMANIK
 S/O LATE RUSTOM PARAMANIK
RESIDENT OF BAMUNPARA PART V
 PS BILASIPARA
 DIST DHUBRI
ASSAM 783348

6:SRI TULBAR ALI @ MASHAN ALI
 S/O LATE JHALKU SK

VILLAGE SATBAR

7:SRI RANJAN KALITA
 S/O UNKNOWN
VILLAGE DURGAPUR
 BILASIPARA TOWN


8:SRI DIPAK KUMAR PATOR

S/O LILA KR. PATOR

VILLAGE DIMATOLA WARD NO. 3 PS BILASIPARA
DIST DHUBRI
ASSAM 783348

9:LEGAL HEIRS OF MANGAL CH. DAS
 BABLU SARKAR
 RESIDENT OF RAMFALBIL
 KOKRAJHAR TOWN
 PO AND PS KOKRAJHAR
 DIST KOKRAJHAR
ASSAM

10:CHANDRA SARKAR
 RESIDENT OF RAMFALBIL
 KOKRAJHAR TOWN
 PO AND PS KOKRAJHAR
 DIST KOKRAJHAR
ASSAM

11:SOPRA MAJUMDAR
 RESIDENT OF RAMFALBIL
 KOKRAJHAR TOWN
 PO AND PS KOKRAJHAR
 DIST KOKRAJHAR
ASSA
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Advocate for the Petitioner   : MR. M A SHEIKH

Advocate for the Respondent :




                                   BEFORE
                     HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                         ORDER

21.11.2022

Heard Mr. M.H. Choudhury, learned counsel for the appellant.

This appeal under Section 100 read with Order XLII of the C.P.C. has been preferred against the impugned Judgment, dated 24.08.2022, passed by the learned Civil Judge (Sr. Divn.), Dhubri in T.A. No. 8/2018, thereby affirming the Judgment and Decree, dated 22.12.2017, passed by the learned Munsiff, Bilasipara, in T.S. No. 30/2007.

The appeal is admitted on the following substantial questions of law-

1. Whether the learned lower appellate Court had erred in law, facts and circumstances of the case while passing the impugned judgment and decree?

2. Whether the learned lower appellate Court committed illegality by depending upon the photocopy of document as Exhibit 9(1) and Exhibit 9(2)?

3. Whether the learned lower appellate Court committed illegality by not considering that there is serious contradiction regarding date of dispossession stated in the plaint and evidence of PW-1/Plaintiff?

4. Whether the learned lower appellate Court committed illegality by confusing itself (Reference Para 34 of the impugned judgment)?

5. Whether the date of dispossession itself was confused by the Page No.# 4/4

plaintiff, he is entitled to any decree of khas possession?

6. Whether the impugned judgment is illegal for holding that once title is proved it is no longer necessary to show possession by the plaintiff?

The appellant is permitted to raise any other substantial question of law which may arise in course of hearing.

Call for the records.

Issue notice. Steps be taken by registered post with A/D within 15(fifteen) days.

List after 3(three) weeks.

The connected I.A. will be considered after appearance of the respondent.

JUDGE

Comparing Assistant