Gauhati High Court
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GAHC010173222022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : RSA/175/2022
AKKAS ALI AND 5 ORS.
S/O LATE ABBAS ALI,
RESIDENT OF SOUTH BAGARIGURI, MOUZA JURIA, PS JURIA, DIST
NAGAON, ASSAM 782103
2: MD. ABDUL AWAL
S/O LATE ABBAS ALI
RESIDENT OF SOUTH BAGARIGURI
MOUZA JURIA
PS JURIA
DIST NAGAON
ASSAM 782103
3: MD. AJIJUL HAQUE
S/O LATE ABBAS ALI
RESIDENT OF SOUTH BAGARIGURI
MOUZA JURIA
PS JURIA
DIST NAGAON
ASSAM 782103
4: MD. JAMALUDDIN
S/O MD. KURBAN ALI
RESIDENT OF SOUTH BAGARIGURI
MOUZA JURIA
PS JURIA
DIST NAGAON
ASSAM 782103
5: MD. ABU BAKKAR SIDDIQUE
S/O MD. KURBAN ALI
RESIDENT OF SOUTH BAGARIGURI
Page No.# 2/4
MOUZA JURIA
PS JURIA
DIST NAGAON
ASSAM 782103
6: MD. ABDUL GAFUR
S/O LATE KUDDUS ALI
RESIDENT OF SOUTH BAGARIGURI
MOUZA JURIA
PS JURIA
DIST NAGAON
ASSAM 78210
VERSUS
MAJIBUR RAHMAN AND 6 ORS.
S/O LATE MANSUR ALI,
RESIDENT OF SOUTH BAGARIGURI, MOUZA JURIA, PS JURIA, DIST
NAGAON, ASSAM 782103
2:MD. SAYADUR RAHMAN
S/O LATE MANSUR ALI
RESIDENT OF SOUTH BAGARIGURI
MOUZA JURIA
PS JURIA
DIST NAGAON
ASSAM 782103
3:MD. SAIFUL ISLAM
S/O LATE MANSUR ALI
RESIDENT OF SOUTH BAGARIGURI
MOUZA JURIA
PS JURIA
DIST NAGAON
ASSAM 782103
4:MD. KHAIRUL ISLAM
S/O LATE MANSUR ALI
RESIDENT OF SOUTH BAGARIGURI
MOUZA JURIA
PS JURIA
DIST NAGAON
ASSAM 782103
5:MD. MAINUL ISLAM
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S/O LATE MANSUR ALI
RESIDENT OF SOUTH BAGARIGURI
MOUZA JURIA
PS JURIA
DIST NAGAON
ASSAM 782103
6:MD. MOKIDUR
S/O LATE MANSUR ALI
RESIDENT OF SOUTH BAGARIGURI
MOUZA JURIA
PS JURIA
DIST NAGAON
ASSAM 78210
Advocate for the Petitioner : MR T H HAZARIKA
Advocate for the Respondent :
BEFORE
HONOURABLE MR. JUSTICE AJIT BORTHAKUR
ORDER
Date : 28.11.2022
Heard Mr. TH Hazarika, learned counsel for the appellants.
By this appeal under Section 100 of the CPC, the appellant has challenged the legality
and correctness of the Judgment dated 21.05.2022 and Decree dated 03.06.2022 passed
by the learned District Judge, Nagaon in Title Appeal 01/2018 by which the learned
Appellate Court dismissed the appeal of the appellants vide Judgment and Decree dated
11.12.2017 passed in Title Suit No. 62/2014 by the learned Civil Judge, Nagaon.
The second appeal is admitted on the following substantial questions of law:
1) Whether record of rights determines ownership over the property when
the plaintiffs failed to prove as to how their predecessor had acquired the
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property?
2) Whether patta provided in a settlement operation can be presumed to
be a document of right, title, interest and ownership although contrary to
the said is laid in evidence?
3) Whether presumption of tile while making entries in the book of
records can be interfered to presume title in a suit for declaration of
right, title and interest?
4) Whether payment of revenue of land is sufficient to prove the
possession over a land by the plaintiffs where a contrary is proved in
evidence?
5) Whether entries in the record of rights made under Section 40 can be
founded without actual possession of the plaintiffs in view of Section 41
(1) of the Assam Land and Revenue Regulation, 1886?
6) Any other substantial question of law that may be formulated by the
Hon'ble Court at the time of hearing of the appeal?
Call for records.
Issue notice to the respondents. Steps by registered post with A/D within 5 days.
List after 5(five) weeks.
JUDGE
Comparing Assistant
