Page No.# 1/3 vs Mohan Borah And 3 Ors
2023 Latest Caselaw 3342 Gua

                                                               Page No.# 1/3

GAHC010208142022




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

                             Case No. : RSA/140/2023

         ABDUL BAREK AND ANR
         S/O LATE SYED ALI RESIDENT OF VILLAGE NADIKA GAON, MOUJA AND
         PO LALUK, DIST LAKHIMPUR, ASSAM

         2: MD. SAHABUDDIN
          S/O ABDUL BAREK

         RESIDENT OF VILLAGE NADIKA GAON
         MOUJA AND PO LALUK
         DIST LAKHIMPUR
         ASSA

         VERSUS

         MOHAN BORAH AND 3 ORS.
         S/O LATE MUHIRAM BORAH, RESIDENT OF VILLAGE NADIKA GAON,
         MOUJA AND PO LALUK, DIST LAKHIMPUR, ASSAM

         2:SRI DIGHALA BORAH
          S/O LATE BEJIA BORAH

         RESIDENT OF VILLAGE NADIKA GAON
         MOUJA AND PO LALUK
         DIST LAKHIMPUR
         ASSAM

         3:SRI DHAN BORAH
          S/O MOHAN BORAK
         RESIDENT OF VILLAGE NADIKA GAON
          MOUJA AND PO LALUK
          DIST LAKHIMPUR
         ASSAM

         4:SRI MOTIRAM BORAH
                                                                                                     Page No.# 2/3

             RESIDENT OF VILLAGE NADIKA GAON
             MOUJA AND PO LALUK
             DIST LAKHIMPUR
             ASSA

Advocate for the Petitioner        : MR. A AHMED

Advocate for the Respondent :




                                      BEFORE
                     HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                                    ORDER

25.08.2023 Heard Mr. T U Laskar, learned counsel for the appellants.

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

(1) As to whether the impugned judgment and decree passed by the learned appellate court below reversing the judgment and decree of the trial court without considering an unregistered sale deed executed by the predecessor of the defendants/counter claimants and although having proved that the plaintiff/appellant is in possession of the suit land since 1976 by constructing house and thereby decreeing the counter claim for recovery of khas possession over the suit land described in the Schedule-'Ga' of the plaint have resulted into perversity and failures of justice?

(2) As to whether the impugned judgment and decree passed by the learned appellate court below ignoring the Exhibit-1 (Jamabandi) for collateral purpose regarding proof of possession over the suit land since 1976 and thereby decreeing the counter claim have resulted into perversity and failures of justice?

(3) As to whether the impugned judgment and decree passed by the learned appellate court below reversing the judgment and decree of the trial court and thereby in decreeing the counter claim without challenging that the plaintiff/appellant is in possession over the suit land since 1976 on the basis of an unregistered sale deed executed by the predecessor of the defendants/counter claimants within a period of 12 years for declaration of right, title and interest over the suit land have resulted in to perversity and failures of justice?

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

Issue Notice.

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

Call for the LCR.

List after four weeks.

JUDGE

Comparing Assistant