Md. Muklesur Rahman vs Rahmat Ali
2023 Latest Caselaw 2485 Gua

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GAHC010113532023




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

                                   Case No. : RSA/86/2023

            MD. MUKLESUR RAHMAN
            S/O LATE HAFIZ PRADHANI,
            VILL.- KHAIRAMARI, MOUZA AND P.S.- DHING, DIST.- NAGAON (ASSAM).



            VERSUS

            RAHMAT ALI
            S/O MD. IDRIS ALI,
            VILL.- KHAIRAMARI, MOUZA AND P.S.- DHING, DIST.- NAGAON (ASSAM).



Advocate for the Petitioner   : MR. A R SIKDAR

Advocate for the Respondent :




                                   BEFORE
                    HONOURABLE MRS. JUSTICE MITALI THAKURIA

                                          ORDER

Date : 12.06.2023

Heard Mr. A. R. Sikdar, learned counsel for the appellant.

This appeal, under Section 100 of the Code of Civil Procedure, 1908, is preferred against the dismissal of the Title Appeal on rejection of the Page No.# 2/3

condonation petition, vide M.J. No. 08/2020, by order dated 03.04.2023, in filing the Title Suit.

Upon hearing the learned counsel for the appellant, this appeal is admitted on the following substantial questions of law:-

1) Whether the impugned judgment of the Court below was correctly decided in favour of the plaintiff when the claim of the plaintiff is based on gift deed vide Ext.2 which was a fraudulently and collusively executed in violation of Section 36 of the Registration Act, 1908 and thereby arriving at a perverse findings in the case are sustainable in law?

2) Whether the judgment and decree of the Court below was perverse in holding the transfer of land by gift deed vide Ext. 2 executed by Idris Ali was validly done when there was no land for transfer?

The Court may also hear this appeal on any other substantial questions of law after notice to the parties.

Issue notice to the respondent, returnable within 4 (four) weeks.

The learned counsel for the appellant shall take steps for service of notice upon the respondent by registered post with A/D as well as by usual process within a period of 3 (three) days from today.

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Also, call for the LCR.

List the matter after 4 (four) weeks.

JUDGE

Comparing Assistant