Md. Akkash Ali @ Abbash Ali vs Syed Umed Ullah
2023 Latest Caselaw 469 Gua

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GAHC010009572023




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


                                   RSA/106/2021

         MD. AKKASH ALI @ ABBASH ALI
         S/O- LATE ABED ALI
         R/O- VILL.- KUMARIKATA
         P.S. TAMULPUR
         DIST.- BAKSA
         BTAD
         ASSAM
         PIN- 781360.


          VERSUS

         SYED UMED ULLAH
         S/O- LATE KARIM ULLAH
         R/O- VILL.- BAHBARI
         P.S. TAMULPUR
         DIST.- BAKSA
         BTAD
         ASSAM


         ------------
         Advocate for : MR. A PAUL
         Advocate for : MR. A I Ali appearing for SYED UMED ULLAH
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                                     BEFORE
                       HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                              ORDER

Date : 08.02.2023

Heard Mr. A Paul, learned counsel for the appellant and Mr. AI Ali, learned counsel for the respondent.

The second appeal is admitted on the following substantial questions of law:

"2. Whether the learned Courts below was right in partly decreeing the suit in favour of the Plaintiff/ Respondent inspite of declaration of Issue No.4 in negative and against the Plaintiff/ Respondent ?

4. Whether the Learned trial court was right in passing the Judgment, Order and Decree on "Schedule- Kha" in favour of the Plaintiff/ Respondent whereby not a single notice was served on the Appellant for vacation of the suit land which is sine- qua-non for recovery of possession of a immovable property as well as eviction of a tenant?

5. Whether the Learned trial court was right in partly decreeing the suit and deciding Issue No.6 in favour of the Plaintiff in absence of proof of landlord tenant relationship and eviction from the suit land without adjudication of issue of 'defaulter' in payment of rent to the Plaintiff/ Respondent ?

The appellant shall be at liberty to raise any other substantial question of law that may arise at the time of hearing.

LCR is received.

As the parties are also represented, appeal be listed in the next hearing list.

JUDGE Comparing Assistant