Gauhati High Court
Page No.# 1/4 vs Md. Anis Ahmed Laskar And 9 Ors on 4 January, 2023
Page No.# 1/4
GAHC010168562019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : RSA/153/2022
ON THE DEATH OF JASIM UDDIN MAZUMDER, HIS LEGAL HEIRS MUSSTT
AYESHA SULTANA LASKAR AND 5 ORS
RO RATNAPUR ROAD
WARD NO 11 HAILAKANDI TOWN, PS HAILAKANDI DISTRICT
HAILAKANDI ASSAM
2: MUSSTT. NILUFA YEASMIN BARBHUIYA
D/O LATE JASIM UDDIN MAZUMDAR
RO RATNAPUR ROAD
WARD NO 11
HAILAKANDI TOWN PS AND DISTRICT HAILAKANDI ASSAM
3: MUSSTT LOTIFA YEASMIN BARBHUIYA
D/O LATE JASIM UDDIN MAZUMDAR
RO RATNAPUR ROAD
WARD NO 11
HAILAKANDI TOWN PS AND DISTRICT HAILAKANDI ASSAM
4: MUSSTT SAHIMA YEASMIN BARBHUIYA
D/O LATE JASIM UDDIN MAZUMDAR
RO RATNAPUR ROAD
WARD NO 11
HAILAKANDI TOWN PS AND DISTRICT HAILAKANDI ASSAM
5: MUSSTT SHAMIMA YEASMIN BARBHUIYA
D/O LATE JASIM UDDIN MAZUMDAR
RO RATNAPUR ROAD
WARD NO 11
HAILAKANDI TOWN PS AND DISTRICT HAILAKANDI ASSAM
6: MUSSTT SULTANA ARMIN JAMAN MAZUMDAR
D/O LATE JASIM UDDIN MAZUMDAR
RO RATNAPUR ROAD
WARD NO 11 HAILAKANDI TOWN PS AND DISTRICT HAILAKANDI ASSA
Page No.# 2/4
VERSUS
MD. ANIS AHMED LASKAR AND 9 ORS
WARD NO 12 HAILAKANDI TOWN, PS HAILAKANDI DISTRICT
HAILAKANDI ASSAM
2:MD. JAHANGIR HUSSAIN LASKAR
S/O LATE SAMS UDDIN LASKAR
VILLAGE CHIPARSANGAN PT- III
PS ALGAPUR DIST- HAILAKANDI ASSAM
3:MUSSTT JOBAFUL NESSA BIBI
DO LATE AYUB ALI
WO LATE MOBARAK ALI BARBHUIYA CO AYNUL HAQUE BARBHUIYA
VILLAGE NARAINPUR
PO BIDYARATANPUR
PS DHOLAI DISTRICT CACHAR ASSAM
4:MUSSTT RAHIMA KHATUN BARBHUIYA
WO LATE JAMIR UDDIN BARBHUIYA
VILLAGE BISHNUGOR
PS AND DISTRICT HAILAKANDI ASSAM
5:MD ATIQUR RAHMAN BARBHUIYA
SO OF JAMIR UDDIN BARBHUIYA
VILLAGE BISHNUGOR
PS AND DISTRICT HAILAKANDI ASSAM
6:MD SAMSUL HAQUE BARBHUIYA
SO HABIBUR RAHMAN BARBHUIYA
VILLAGE BISHNUGOR
PS AND DISTRICT HAILAKANDI ASSAM
7:MD ISLAM UDDIN BARBHUIYA
SO HABIBUR RAHMAN BARBHUIYA
VILLAGE BISHNUGOR
PS AND DISTRICT HAILAKANDI ASSAM
8:MUSSTT HUSNA BEGUM LASKARM
WO LATE SAMSUDDIN LASKAR
VILLAGE CHIPOR SANGON PART-III
PS- ALGAPUR DISTRICT CACHAR ASSAM
9:MUSSTT BEGUM FERDOUSI LASKAR
WO LATE SAMSUDDIN LASKAR
VILLAGE CHIPOR SANGON PART-III
PS- ALGAPUR DISTRICT CACHAR ASSAM
Page No.# 3/4
10:MUSSTT BEGUM USMIN SULTANA LASKAR
WO LATE SAMSUDDIN LASKAR
VILLAGE CHIPOR SANGON PART-III
PS- ALGAPUR DISTRICT CACHAR ASSA
Advocate for the Petitioner : MR. D CHAKRABARTY
Advocate for the Respondent : MS. R CHOUDHURY
BEFORE
HONOURABLE MR. JUSTICE AJIT BORTHAKUR
ORDER
Date : 04.01.2023
Heard Mr. S. D. Purkayastha, learned counsel for the appellants and Ms.
R. Choudhury, learned counsel for the respondent Nos. 1, 2, 8, 9 & 10.
This appeal under Section 100 of the CPC has been preferred against
the impugned Judgment and decree, dated 31.07.2018 and 08.08.2018, passed
by the learned Civil Judge, Hailakandi in Title Appeal No. 03/2018.
The appeal is admitted on the following substantial questions of law-
1. Whether the learned First Appellate Court committed illegality
and perversity in holding that the plaintiff failed to prove due
execution of Ext. 1 and Ext. 2 of the basis of which he claimed the
suit land despite there being uncontroverted evidence of PW3 and
PW4 in this regard?
2. Whether the First Appellate Court committed perversity in
reversing the decision of the ld. Trial Court as regards issue No. III
without even adjudicating over the same issue?
The appellant is permitted to raise any other substantial question of law
Page No.# 4/4
which may arise in course of hearing.
Issue notice to the respondent Nos. 3 to 7.
As Ms. R. Choudhury, learned counsel, appears for the respondents Nos.
1, 2, 8, 9 and 10, no notice need be issued to them. However, copies of the
memo of appeal be furnished to her.
Steps be taken by registered post with A/D as well as by usual process.
List this matter after receipt of the LCR.
JUDGE
Comparing Assistant
