Page No.# 1/6 vs Tomir Ali And 12 Ors
2023 Latest Caselaw 1878 Gua

                                                             Page No.# 1/6

GAHC010082712023




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

                          Case No. : RSA/69/2023

         ON THE DEATH OF TAYAB ALI, HIS LEGAL HEIRS MOHAMMAD ALI
         S/O LATE TAYAB ALI
         RESIDENT OF VILLAGE BARCHOLA, MAUZA NAOBAICHA, PS UTTAR
         LAKHIMPUR, DIST LAKHIMPUR, ASSAM

         2: JOMILA KHATUN
          D/O LATE TAYAB ALI
         RESIDENT OF VILLAGE BARCHOLA
          MAUZA NAOBAICHA
          PS UTTAR LAKHIMPUR
          DIST LAKHIMPUR
         ASSAM

         3: JUBEDA KHATUN
          D/O LATE TAYAB ALI
         RESIDENT OF VILLAGE BARCHOLA
          MAUZA NAOBAICHA
          PS UTTAR LAKHIMPUR
          DIST LAKHIMPUR
         ASSAM

         4: AHAMMAD ALI
          S/O LATE TAYAB ALI
         RESIDENT OF VILLAGE BARCHOLA
          MAUZA NAOBAICHA
          PS UTTAR LAKHIMPUR
          DIST LAKHIMPUR
         ASSAM

         5: AMIR HUSSAIN
          S/O LATE TAYAB ALI
         RESIDENT OF VILLAGE BARCHOLA
          MAUZA NAOBAICHA
          PS UTTAR LAKHIMPUR
                                Page No.# 2/6

DIST LAKHIMPUR
ASSAM

6: HANIF ALI
 S/O LATE TAYAB ALI
RESIDENT OF VILLAGE BARCHOLA
 MAUZA NAOBAICHA
 PS UTTAR LAKHIMPUR
 DIST LAKHIMPUR
ASSAM

7: AYESHA KHATUN
 D/O LATE TAYAB ALI
RESIDENT OF VILLAGE BARCHOLA
 MAUZA NAOBAICHA
 PS UTTAR LAKHIMPUR
 DIST LAKHIMPUR
ASSAM

8: JUSHNARA BEGUM
 D/O LATE TAYAB ALI
RESIDENT OF VILLAGE BARCHOLA
 MAUZA NAOBAICHA
 PS UTTAR LAKHIMPUR
 DIST LAKHIMPUR
ASSAM

9: MOHIDUL ISLAM
 S/O LATE TAYAB ALI
RESIDENT OF VILLAGE BARCHOLA
 MAUZA NAOBAICHA
 PS UTTAR LAKHIMPUR
 DIST LAKHIMPUR
ASSAM

10: HEDATUL ISLAM
 S/O LATE TAYAB ALI
RESIDENT OF VILLAGE BARCHOLA
 MAUZA NAOBAICHA
 PS UTTAR LAKHIMPUR
 DIST LAKHIMPUR
ASSAM

11: TOSLIMA BEGUM
 D/O LATE TAYAB ALI
RESIDENT OF VILLAGE BARCHOLA
 MAUZA NAOBAICHA
 PS UTTAR LAKHIMPUR
                                                      Page No.# 3/6

DIST LAKHIMPUR
ASSA

VERSUS

TOMIR ALI AND 12 ORS.
S/O LATE JAHUR ALI
RESIDENT OF VILLAGE NO. 1 BARCHOLA, MAUZA NAOBAICHA, PS
UTTAR LAKHIMPUR, DIST LAKHIMPUR, ASSAM

2:MD. SAMIR ALI
 S/O LATE JAHUR ALI
RESIDENT OF VILLAGE NO. 1 BARCHOLA
 MAUZA NAOBAICHA
 PS UTTAR LAKHIMPUR
 DIST LAKHIMPUR
ASSAM

3:MD. IMAN ALI
 S/O LATE JAHUR ALI
RESIDENT OF VILLAGE NO. 1 BARCHOLA
 MAUZA NAOBAICHA
 PS UTTAR LAKHIMPUR
 DIST LAKHIMPUR
ASSAM

4:MD. NUR AMIN
 S/O LATE SAMAR ALI
RESIDENT OF VILLAGE NO. 1 BARCHOLA
 MAUZA NAOBAICHA
 PS UTTAR LAKHIMPUR
 DIST LAKHIMPUR
ASSAM

5:MD. HASMOT ALI
 S/O LATE TOMIR ALI
RESIDENT OF VILLAGE NO. 1 BARCHOLA
 MAUZA NAOBAICHA
 PS UTTAR LAKHIMPUR
 DIST LAKHIMPUR
ASSAM

6:AKKEL ALI
 S/O LATE TOMIR ALI
RESIDENT OF VILLAGE NO. 1 BARCHOLA
 MAUZA NAOBAICHA
 PS UTTAR LAKHIMPUR
 DIST LAKHIMPUR
                                      Page No.# 4/6

ASSAM

7:MD. ANAR ALI
 S/O LATE TOMIR ALI
RESIDENT OF VILLAGE NO. 1 BARCHOLA
 MAUZA NAOBAICHA
 PS UTTAR LAKHIMPUR
 DIST LAKHIMPUR
ASSAM

8:MD. RAMJAN ALI
 S/O MD. NUR AMIN
RESIDENT OF VILLAGE NO. 1 BARCHOLA
 MAUZA NAOBAICHA
 PS UTTAR LAKHIMPUR
 DIST LAKHIMPUR
ASSAM

9:MD. ISMAIL ALI
 S/O LATE NAYEB ALI
RESIDENT OF VILLAGE NO. 1 BARCHOLA
 MAUZA NAOBAICHA
 PS UTTAR LAKHIMPUR
 DIST LAKHIMPUR
ASSAM

10:MD. MANNAS ALI
 S/O LATE NAYED ALI
RESIDENT OF VILLAGE NO. 1 BARCHOLA
 MAUZA NAOBAICHA
 PS UTTAR LAKHIMPUR
 DIST LAKHIMPUR
ASSAM

11:MD. MOFIZUDDIN
 S/O LATE NAYED ALI
RESIDENT OF VILLAGE NO. 1 BARCHOLA
 MAUZA NAOBAICHA
 PS UTTAR LAKHIMPUR
 DIST LAKHIMPUR
ASSAM

12:MD. FAIZUDDIN
 S/O LATE NAYEB ALI
RESIDENT OF VILLAGE NO. 1 BARCHOLA
 MAUZA NAOBAICHA
 PS UTTAR LAKHIMPUR
 DIST LAKHIMPUR
                                                                      Page No.# 5/6

             ASSAM

             13:MD. SIDDIK ALI
              S/O LATE ASOR UDDIN
             RESIDENT OF VILLAGE NO. 1 BARCHOLA
              MAUZA NAOBAICHA
              PS UTTAR LAKHIMPUR
              DIST LAKHIMPUR
             ASSA

Advocate for the Petitioner   : MR. A H M R CHOUDHURY

Advocate for the Respondent :




                                   BEFORE
                  HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                        ORDER

10.05.2023

Heard Mr. A.I.Uddin, learned counsel appearing for the appellant. The appeal is admitted for hearing upon the following four substantial questions of law:-

(i) As to whether the learned Appellate Court was justified in dismissing the appeal and in affirming the Judgment and Decree of the learned trial Court on the ground of limitation in absence of any issue thereof?

(ii) As to whether both the Courts below were right in dismissing the suit of the plaintiff ignoring the fact that the learned Executive Magistrate in Misc Case No. 305/1983 under Section 145 Cr.P.C. initiated by the defendants' side confirmed the possession of the plaintiff over the schedule land vide order dated 11-02-1987 meaning thereby the plaintiff was all along in exclusive possession of Page No.# 6/6

the suit land till his dispossession from the suit land on 21-11-2012?

(iii) As to whether the Courts below are justified in not considering that the issue relating to dispossession of the plaintiff has been admitted by the principal defendants and as per the principles of doctrine of reverse burden it is the duty of the respondents/principal defendants to prove that the assertion to the plaintiff is unsustainable?

(iv) As to whether in absence of any specific plea of adverse possession can court pass decree to that effect?

Issue notice to the respondents.

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

Call for the LCR.

List this matter after 4(four) weeks.

JUDGE

Comparing Assistant