Abdul Hosen vs Abdul Aziz And Anr
2023 Latest Caselaw 1498 Gua

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GAHC010059562023




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

                                   Case No. : RSA/47/2023

            ABDUL HOSEN
            S/O LATE MAMUD ALI SK,
            RESIDENT OF VILLAGE JAYPUR, PO TULSIBIL, PS GOSSAIGAON, DIST
            KOKRAJHAR, BTAD, ASSAM



            VERSUS

            ABDUL AZIZ AND ANR.
            S/O LATE KALIM UDDIN SK,
            RESIDENT OF VILLAGE JAYPUR, PO TULSIBIL, PS GOSSAIGAON, DIST
            KOKRAJHAR, BTAD, ASSAM 783337

            2:MUSSTT. MAHELA BIBI
            W/O ABDUL AZIZ
            RESIDENT OF VILLAGE JAYPUR
             PO TULSIBIL
             PS GOSSAIGAON
             DIST KOKRAJHAR
             BTAD
            ASSA

Advocate for the Petitioner   : MR. R BARUAH

Advocate for the Respondent :
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                                  BEFORE
                 HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

                                         ORDER

Date : 11.4.2023

Heard Mr. A. Ikbal, learned counsel for the appellant

This second appeal is against the judgment and decree dated 22.12.2022 passed by the learned Court of Civil Judge, at Kokrajhar in Title Appeal No. 6/2022 and the same is admitted on the following substantial questions of law:

A. Whether the learned appellate court acted beyond jurisdiction and committed perversity in dismissing the entire suit of the plaintiff in respect of schedule A, B and C land ignoring the schedule B and C land were not subject matter of the appeal?.

B. Whether the finding of the learned first appellate Court in not declaring the right, title and interest of the plaintiff in respect of schedule-A land ignoring the Ext.A is perverse ?

Issue notice returnable after six weeks.

Call for the records.

The appellant shall take steps on the respondents within a period of 10 (ten) from today by way of registered post with A/D as well as by usual process.

JUDGE

Comparing Assistant