Page No.# 1/4 vs Nur Sayed Ali And Ors
2023 Latest Caselaw 2949 Gua

                                                               Page No.# 1/4

GAHC010064082023




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

                           Case No. : RSA/54/2023

         NOOR ALI AND ANR.
         S/O LATE SAMED ALI,
         RESIDENT OF VILLAGE BAGDIA, PO AND PS DHULA, DIST DARRANG,
         MANGALDOI, ASSAM

         2: MUSST. SAMIRAN NESSA
         W/O MD. MAJIBAR RAHMAN

         RESIDENT OF VILLAGE BAGDIA
         PO AND PS DHULA
         DIST DARRANG
         MANGALDOI
         ASSA

         VERSUS

         NUR SAYED ALI AND ORS.
         S/O LATE HABEZ ALI,
         RESIDENT OF VILLAGE BAGDIA, PO AND PS DHULA, DIST DARRANG,
         MANGALDOI, ASSAM

         2:ON THE DEATH OF HURMUJ ALI
          HIS LEGAL REPRESENTATIVES NUR ISLAM
          S/O HURMUJ ALI

         RESIDENT OF VILLAGE BAGDIA
         PO AND PS DHULA
         DIST DARRANG
         MANGALDOI
         ASSAM

         3:SAIDUR RAHMAN
          S/O HURMUJ ALI
                                            Page No.# 2/4

RESIDENT OF VILLAGE BAGDIA
PO AND PS DHULA
DIST DARRANG
MANGALDOI
ASSAM

4:ON THE DEATH OF SAYED ALI
 HIS LEGAL REPRESENTATIVE MEHER ALI

S/O LATE SAYED ALI

RESIDENT OF VILLAGE BAGDIA
PO AND PS DHULA
DIST DARRANG
MANGALDOI
ASSAM

5:ON THE DEATH JONAB ALI
 HIS LEGAL REPRESENTATIVE MD. KAMALUDDIN

S/O LATE JONAB ALI

RESIDENT OF VILLAGE BAGDIA
PO AND PS DHULA
DIST DARRANG
MANGALDOI
ASSAM

6:MUSSTT. KHUSIMAN BEWA
W/O LATE HAFEZ ALI

RESIDENT OF VILLAGE BAGDIA
PO AND PS DHULIA
DIST DARRANG
MANGALDOI
ASSAM


7:JADAB ALI

S/O LATE JAMSER ALI

RESIDENT OF VILLAGE BAGDIA
PO AND PS DHULA
DIST DARRANG
MANGALDOI
ASSAM
                                                                       Page No.# 3/4

Advocate for the Petitioner   : MR. A R SHOME

Advocate for the Respondent :




                                   BEFORE
                  HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                         ORDER

07.08.2023

Heard Mr. A.R. Shome, learned counsel appearing for the appellants.

The appeal is admitted for hearing upon the following two substantial questions of law:-

Whether the learned First Appellate Court while upholding the judgment and decree of the Ld. Trial Court failed to give a proper finding with regard to the essential ingredients of an oral gifts under the Mohammedan Law?

Whether entries in the revenue record confers any right, title and interest over the suit land?

The appellants shall be at liberty to raise any other substantial questions of law at the time of hearing.

Issue notice to the respondents.

The appellants shall take steps for service of notice upon the respondents by registered post with A/D and other usual process.

Page No.# 4/4

Call for the LCR.

List this matter after 4(four) weeks.

JUDGE

Comparing Assistant