Gauhati High Court
Page No.# 1/ vs On The Death Of Rahimuddin His ... on 10 April, 2023
Page No.# 1/10
GAHC010070412023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : RSA/58/2023
ON THE DEATH OF NOOR MAHAMMAD HIS LEGAL HEIRS HASINA
BEGUM AND ORS.
D/O LATE NOOR MAHAMMAD,
RESIDENT OF VILLAGE GARIAPARA, MOUZA DAHI, PS MANGALDAI, DIST
DARRANG, ASSAM
2: SOLEMA BEGUM
D/O LATE NOOR MAHAMMAD
RESIDENT OF VILLAGE GARIAPARA
MOUZA DAHI
PS MANGALDAI
DIST DARRANG
ASSAM
3: MRS. HAZERA BEGUM
W/O LATE TALEB ALI
RESIDENT OF VILLAGE GARIAPARA
MOUZA DAHI
PS MANGALDAI
DIST DARRANG
ASSAM
4: ON THE DEATH OF MD. SAHABUDDIN AHMED
HIS LEGEL HEIRS MUSST. RINA BEGUM
D/O LATE SAHABUDDIN AHMED
RESIDENT OF VILLAGE GARIAPARA
MOUZA DAHI
PS MANGALDAI
DIST DARRANG
ASSAM
5: MISS SUMIARA BEGUM
Page No.# 2/10
D/O LATE SAHABUDDIN AHMED
RESIDENT OF VILLAGE GARIAPARA
MOUZA DAHI
PS MANGALDAI
DIST DARRANG
ASSAM
6: MISS SAFIUN NESSA
D/O LATE SAHABUDDIN AHMED
RESIDENT OF VILLAGE GARIAPARA
MOUZA DAHI
PS MANGALDAI
DIST DARRANG
ASSAM
7: MISS SALIMA BEGUM
D/O LATE SAHABUDDIN AHMED
RESIDENT OF VILLAGE GARIAPARA
MOUZA DAHI
PS MANGALDAI
DIST DARRANG
ASSAM
8: MISS HASNA BEGUM
D/O LATE SAHABUDDIN AHMED
RESIDENT OF VILLAGE GARIAPARA
MOUZA DAHI
PS MANGALDAI
DIST DARRANG
ASSAM
9: MD. FIZNUR HOQUE
S/O LATE SAHABUDDIN AHMED
RESIDENT OF VILLAGE GARIAPARA
MOUZA DAHI
PS MANGALDAI
DIST DARRANG
ASSAM
10: MD. FIROZUL HOQUE
S/O LATE TALEB ALI
RESIDENT OF VILLAGE GARIAPARA
MOUZA DAHI
PS MANGALDAI
DIST DARRANG
ASSAM
11: MD. DIPAN ALI
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S/O LATE TALEB ALI
RESIDENT OF VILLAGE GARIAPARA
MOUZA DAHI
PS MANGALDAI
DIST DARRANG
ASSAM
12: MISS FAZIRUN BEGUM
D/O LATE TALEB ALI
RESIDENT OF VILLAGE GARIAPARA
MOUZA DAHI
PS MANGALDAI
DIST DARRANG
ASSAM
13: MISS TAMINA BEGUM
D/O LATE TALEB ALI
RESIDENT OF VILLAGE GARIAPARA
MOUZA DAHI
PS MANGALDAI
DIST DARRANG
ASSAM
14: MISS GULJAN BEGUM
D/O LATE TALEB ALI
RESIDENT OF VILLAGE GARIAPARA
MOUZA DAHI
PS MANGALDAI
DIST DARRANG
ASSAM
15: MD. FAREZ ALI
S/O LATE BHARALU SHEIKH
RESIDENT OF VILLAGE GARIAPARA
MOUZA DAHI
PS MANGALDAI
DIST DARRANG
ASSAM
16: MD. MAHIBULLAH @ MAHIBULLAH ALI
S/O LATE NOOR MAHAMMAD
RESIDENT OF VILLAGE GARIAPARA
MOUZA DAHI
PS MANGALDAI
DIST DARRANG
ASSAM
Page No.# 4/10
17: MD. SAMIR ALI
S/O LATE NOOR MAHAMMAD
RESIDENT OF VILLAGE GARIAPARA
MOUZA DAHI
PS MANGALDAI
DIST DARRANG
ASSAM
18: MD. TAYEB ALI
S/O LATE SAMSHER ALI
RESIDENT OF VILLAGE GARIAPARA
MOUZA DAHI
PS MANGALDAI
DIST DARRANG
ASSAM
19: MD. NAIMUDDIN AHMED
S/O LATE NOOR MAHAMMAD
RESIDENT OF VILLAGE GARIAPARA
MOUZA DAHI
PS MANGALDAI
DIST DARRANG
ASSAM
20: ON THE DEATH OF GIAS ALI
HIS LEGAL HEIRS MAMONI BEGUM
W/O LATE GIAS ALI
RESIDENT OF VILLAGE GARIAPARA
MOUZA DAHI
PS MANGALDAI
DIST DARRANG
ASSAM
21: RIKIMONI KHANOM
D/O LATE GIAS ALI
RESIDENT OF VILLAGE GARIAPARA
MOUZA DAHI
PS MANGALDAI
DIST DARRANG
ASSAM
TO BE REP. BY.HER MOTHER RES. NO. 20
22: GARIMA JANNAT
D/O LATE GIAS ALI
RESIDENT OF VILLAGE GARIAPARA
MOUZA DAHI
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PS MANGALDAI
DIST DARRANG
ASSAM
TO BE REP. BY.HER MOTHER RES. NO. 20
23: RUBI KHANAM
D/O LATE GIAS ALI
RESIDENT OF VILLAGE GARIAPARA
MOUZA DAHI
PS MANGALDAI
DIST DARRANG
ASSAM
TO BE REP. BY.HER MOTHER RES. NO. 20
24: MD. MOINUL HOQUE
S/O LATE SAMSHER ALI
RESIDENT OF VILLAGE GARIAPARA
MOUZA DAHI
PS MANGALDAI
DIST DARRANG
ASSA
VERSUS
ON THE DEATH OF RAHIMUDDIN HIS LEGAL HEIRS JAKIR ALI AND ORS.
S/O LATE IDRIS ALI,
RESIDENT OF VILLAGE GARIAPARA, PO JALJALI, MOUZA DAHI, PS AND
DIST MANGALDAI, ASSAM 784529
2:MUSST. JAIBUN NESSA
W/O LATE IDRIS ALI
RESIDENT OF VILLAGE GARIAPARA
PO JALJALI
MOUZA DAHI
PS AND DIST MANGALDAI
ASSAM 784529
3:MISS ARIFE BEGUM
D/O LATE IDRIS ALI
RESIDENT OF VILLAGE GARIAPARA
PO JALJALI
MOUZA DAHI
PS AND DIST MANGALDAI
ASSAM 784529
4:MUSST. JELIMA BEGUM
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D/O LATE IDRIS ALI
RESIDENT OF VILLAGE GARIAPARA
PO JALJALI
MOUZA DAHI
PS AND DIST MANGALDAI
ASSAM 784529
5:MUSST. TAMZIDA BEGUM
D/O LATE IDRIS ALI
RESIDENT OF VILLAGE GARIAPARA
PO JALJALI
MOUZA DAHI
PS AND DIST MANGALDAI
ASSAM 784529
6:MD. AFAJ ALI @ MD. ABAJ ALI
S/O LATE RAHIMUDDIN
RESIDENT OF VILLAGE NIZCHAPAI
PS MANGALDAI
DIST DARRANG
ASSAM PO JALJALI
784529
7:MD. ILIAS ALI
S/O LATE RAHIMUDDIN
RESIDENT OF VILLAGE NIZCHAPAI
PS MANGALDAI
DIST DARRANG
ASSAM PO JALJALI
784529
8:MUSSTT. MAJIDA BEGUM
D/O LATE RAHIMUDDIN
VILLAGE UTTAR BOKRAJHAR
PS KALAIGAON
PO TENGABARI
DIST DARRANG
784525
9:JAYEDA BEGUM @ JAHEDA BEGUM
W/O NAJIR ALI
RESIDENT OF VILLAGE GAKHIRKHOWAPARA PO JANARAM CHOWKA
DIST DARRANG
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ASSAM 784529
10:MUSST. MAKAN BEGUM
W/O ASHRAF ALI
RESIDENT OF VILLAGE NO. 2
BEZPARA
PO HOWLY MOHANPUR
PS MANGALDAI
DIST DARRANG 784529
11:ON THE DEATH OF MUSST. JARUNA BEGUM
HIS LEGAL HEIRS JAHABUL HOQUE
S/O LATE SAIFUDDIN
C/O JAHABUL HOQUE
RESIDENT OF VILLAGE HENGERJHAR
PO HOWLY MOHANPUR
PS MANGALDAI
DIST DARRANG
ASSAM 784529
12:FAIZUDDIN AHMED
S/O LATE SAIFUDDIN
C/O JAHABUL HOQUE
RESIDENT OF VILLAGE HENGERJHAR
PO HOWLY MOHANPUR
PS MANGALDAI
DIST DARRANG
ASSAM 784529
13:MAKIBOR RAHMAN
S/O LATE SAIFUDDIN
C/O JAHABUL HOQUE
RESIDENT OF VILLAGE HENGERJHAR
PO HOWLY MOHANPUR
PS MANGALDAI
DIST DARRANG
ASSAM 784529
14:FARMANI BEGUM
D/O LATE SAIFUDDIN
C/O JAHABUL HOQUE
RESIDENT OF VILLAGE HENGERJHAR
PO HOWLY MOHANPUR
PS MANGALDAI
Page No.# 8/10
DIST DARRANG
ASSAM 784529
15:MANIJA BEGUM
D/O LATE SAIFUDDIN
C/O JAHABUL HOQUE
RESIDENT OF VILLAGE HENGERJHAR
PO HOWLY MOHANPUR
PS MANGALDAI
DIST DARRANG
ASSAM 784529
16:KHONMA BEGUM
D/O LATE SAIFUDDIN
C/O JAHABUL HOQUE
RESIDENT OF VILLAGE HENGERJHAR
PO HOWLY MOHANPUR
PS MANGALDAI
DIST DARRANG
ASSAM 784529
17:MANJUWARA BEGUM
S/O LATE SAIFUDDIN
C/O JAHABUL HOQUE
RESIDENT OF VILLAGE HENGERJHAR
PO HOWLY MOHANPUR
PS MANGALDAI
DIST DARRANG
ASSAM 784529
18:MRS. MOSIRAN BEGUM
D/O LATE SAMSHER ALI
W/O TOFAJUL HOQUE
RESIDENT OF VILLAGE RAUTHALI BAGICHA
PO CHENGA PATHAR DIST UDALGURI
ASSAM 784525
19:MRS. FARIDA BEGUM
D/O LATE SAMSHER ALI
W/O DIDAR ALI
VILLAGE GARIAPARA
PO JALJALI
PO MANGALDAI
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DIST DARRANG
ASSAM 784529
20:MRS. MOFIJAN BEGUM
D/O LATE SAMSHER ALI
W/O MAJID ALI
VILLAGE BARATHIYABARI
PO JANARAMCHOWKA
DIST DARRANG
ASSAM
784529
21:MRS. JAIBUN BEGUM
D/O LATE SAMSHER ALI
W/O LATE FAKARUDDIN AHMED
VILLAGE ADHIKARY (BARIGAON) PO RAJGHAT
DIST DARRANG
ASSAM 78452
Advocate for the Petitioner : MS. R CHOUDHURY
Advocate for the Respondent :
BEFORE
HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY
ORDER
10.04.2023
Heard Ms. R. Choudhury, learned counsel for the appellant.
This present second appeal is filed under Section 100 of the Code of Civil
Procedure, 1908 against the judgment and decree dated 11.01.2023 passed by
the learned Civil Judge, Darrang, Mangaldai in T.A. No. 07/2017 whereby the
appeal of the respondent was allowed by setting aside the judgment and decree
dated 01.11.2017 passed by the learned Munsiff No. 1, Darrang Mangaldai in
Page No.# 10/10
T.S. No. 95/2013 (T.S.09/2004) by which the counter claim of the
respondent/defendants was dismissed.
The present appeal is admitted for hearing on the following substantial
questions of law:-
I. Whether the decision of the learned 1st appellate Court is
perverse in reversing the decree of the trial Court ignoring the proof
of oral sale deed consideration of which was less than Rs. 100/- and
also ignoring the correction of records of right pursuant to such sale
30 years back ?
II. Whether the judgment and decree of the learned 1 st appellate
court is vitiated due to non-consideration of the provisions of
Regulation 41(2) of the Assam Land and Revenue Regulation, 1886?
Issue notice returnable after six weeks.
Notices are permitted to be served without the annexures subject to
condition that on appearance, same be served to the respondents.
Call for the records.
The appellant to take steps for issuance of notice upon the respondents by
way of registered post with A/D as well as by usual process within a period of
three days from today.
JUDGE
Comparing Assistant
