Page No.# 1/3 vs Mohan Borah And 3 Ors
2023 Latest Caselaw 3343 Gua

                                                              Page No.# 1/3

GAHC010208152022




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

                             Case No. : RSA/139/2023

         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
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             4:SRI MOTIRAM BORAH
              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 ignoring 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 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 dated 01.07.2022 passed by the learned appellate court below in decreeing the counter claim without considering the provision of Article 65 of the Limitation Act and as such the judgment and decree is bad in law and accordingly liable to be set aside and quashed.

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

Issue Notice.

Appellants shall take steps for service of notice on the respondents by registered post with A/D Page No.# 3/3

and other usual process.

Call for the LCR.

List after four weeks.

JUDGE

Comparing Assistant