Afruja Khatun vs Mojmul Ali And Anr
2023 Latest Caselaw 1938 Gua

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GAHC010179712022




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

                                  Case No. : RSA/173/2022

            AFRUJA KHATUN
            W/O MD. ROMJAN ALI
            RESIDENT OF AJANTA PATH, HOUSE NO. 65, HATIGAON, GUWAHATI 38, PS
            HATIGAON DIST KAMRUP M ASSAM



            VERSUS

            MOJMUL ALI AND ANR.
            S/O LATE SOMED ALI,
            RESIDENT OF SIJUBARI, MASJID PATH, GUWAHATI 781038, PS HATIGAON,
            DIST KAMRUP M ASSAM

            2:MD. ROMJAN ALI
             S/O KARIM ALI @ BHOLA

            RESIDENT OF AJANTA PATH
            HOUSE NO. 65
            HATIGAON
            GUWAHATI 38
            PS HATIGAON DIST KAMRUP M ASSA

Advocate for the Petitioner   : MR. B C CHOUDHURY

Advocate for the Respondent :
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                                      BEFORE

               HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                      ORDER

12.05.2023

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

(i) Whether the learned Courts below erred in law as well in facts while deciding the Title Suit as well as Title Appeal and as such the impugned judgment and decree passed by the learned Courts below are liable to be set aside and quashed?

(ii) Whether the learned courts below committed illegality in decreeing the suit of the respondent/plaintiff without framing any issue as regards the limitation in instituting the suit by the respondent/plaintiff inasmuch as the respondent/plaintiff failed to prove the alleged cause of action for the suit?

(iii) Whether the learned lower courts below can pass a decree for specific performance of contract in favour of the respondent/plaintiff in respect of a plot of land measuring 1 Katha based on alleged agreement for sale dated 20.11.2009 in respect of a plot of land measuring 1 Katha 6 Lechas?

(iv) Whether the learned lower courts below committed illegality in decreeing the suit of the respondent/plaintiff in respect of 1 Katha of land whereas the PW-1 in his evidence admitted execution of agreement for sale in respect of land measuring 1 Katha 6 Lechas?

The appellant shall be at liberty to raise any other substantial questions of Page No.# 3/3

law at the time of hearing.

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