Gauhati High Court
Page No.# 1/6 vs Shampo Sk And Ors on 15 November, 2023
Page No.# 1/6
GAHC010225952023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : RSA/200/2023
NISPOR ALI AND 2 ORS.
S/O LATE NAIMUDDIN SK,
RESIDENT OF VILLAGE BURAPARA (BARUAPARA) PS AND DIST.
KOKRAJHAR, BTAD, ASSAM 783345
2: KHISURUDDIN SK
S/O LATE NAIMUDDIN SK
RESIDENT OF VILLAGE BURAPARA (BARUAPARA) PS AND DIST.
KOKRAJHAR
BTAD
ASSAM 783345
3: ASHRAB ALI
S/O LATE FELAJ UDDIN SK.
RESIDENT OF VILLAGE BURAPARA (BARUAPARA) PS AND DIST.
KOKRAJHAR
BTAD
ASSAM 78334
VERSUS
SHAMPO SK AND ORS.
S/O JAFIR UDDIN SK @ JAFAR UDDIN SK.
RESIDENT OF VILLAGE BURAPARA (BARUAPARA) PS AND DIST.
KOKRAJHAR, BTAD, ASSAM 783345
2:SHAME SK @ SAMSUDDIN SK
S/O JAFIR UDDIN SK @ JAFAR UDDIN SK.
RESIDENT OF VILLAGE BURAPARA (BARUAPARA) PS AND DIST.
KOKRAJHAR
BTAD
ASSAM 783345
Page No.# 2/6
3:ABDUL JALIL SK @ JALIL SK.
S/O JAFIR UDDIN SK @ JAFAR UDDIN SK.
RESIDENT OF VILLAGE BURAPARA (BARUAPARA) PS AND DIST.
KOKRAJHAR
BTAD
ASSAM 783345
4:SAKAT ALI SK
S/O JAFIR UDDIN SK @ JAFAR UDDIN SK.
RESIDENT OF VILLAGE BURAPARA (BARUAPARA) PS AND DIST.
KOKRAJHAR
BTAD
ASSAM 783345
5:SHARIAT ALI SK
S/O JAFIR UDDIN SK @ JAFAR UDDIN SK.
RESIDENT OF VILLAGE BURAPARA (BARUAPARA) PS AND DIST.
KOKRAJHAR
BTAD
ASSAM 783345
6:ABDUS SALAM SK @ SALAM SK
S/O SHAMPO SK
RESIDENT OF VILLAGE BURAPARA (BARUAPARA) PS AND DIST.
KOKRAJHAR
BTAD
ASSAM 783345
7:THE STATE OF ASSAM
REPRESENTED BY THE DISTRICT COLLECTOR
KOKRAJHAR
ASSAM 783370
8:THE BODOLAND TERRITORIAL COUNCIL (BTC)
KOKRAJHAR
REPRESENTED BY ITS PRINCIPAL SECRETARY
PO
PS AND DIST KOKRAJHAR (BTAD) ASSAM 783370
9:THE SETTLEMENT OFFICER
KOKRAJHAR
DHUBRI
ASSAM
Page No.# 3/6
10:THE ASSISTANT SETTLEMENT OFFICER
KOKRAJHAR REVENUE CIRCLE
KOKRAJHAR
PO
PS AND DIST KOKRAJHAR BTAD
ASSAM 783370
11:THE DISTRICT SOCIAL WELFARE OFFICER
KOKRAJHAR
PO
PS AND DIST KOKRAJHAR BTAD
ASSAM 783370
12:THE SUB REGISTRAR
KOKRAJHAR
PO
PS AND DIST KOKRAJHAR BTAD
ASSAM 783370
13:RABIYA KHATUN
W/O LATE ABDUL GAFUR SK
RESIDENT OF VILLAGE BURAPARA (BARUAPARA) PS AND DIST.
KOKRAJHAR
BTAD
ASSAM 783345
14:JUMATUN KHATUN BIBI (BEWA)
W/O LATE RAFIAL SK
RESIDENT OF VILLAGE BURAPARA (BARUAPARA) PS AND DIST.
KOKRAJHAR
BTAD
ASSAM 78334
Advocate for the Petitioner : MR. M U MAHMUD
Advocate for the Respondent :
Page No.# 4/6
BEFORE
HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
ORDER
Date : 15.11.2023
Heard Mr. M.U. Mahmud, learned counsel for the appellants.
2. Admit.
3. Issue notice, returnable by six weeks.
4. Steps on the respondents defendants by registered post within three days.
5. Call for the records of Title Suit No. 49/2021 (original Title Suit No.
05/2017) from the learned Court of Munsiff No. 1, Kokrajhar as well as Title
Appeal No. 03/2020 from the learned Court of Civil Judge, Kokrajhar.
6. The appellants instituted Title Suit No. 05/2017 claiming right, title and
interest over the scheduled suit land. According to the plaintiffs as per
paragraph 6 of the plaint their predecessor-in-interest Late Naimuddin Sk held
and possessed a plot of land measuring 5 bighas 0 katha 16 lechas covered by
Dag No. 139 and 143 under Khatian No. 58 and he possessed the same till his
death and after his death, the plaintiffs appellants have inherited the same.
7. The defendants in their written statement in paragraph 11 take a stand
that the father of the plaintiffs No. 1, 2 and 3 during his lifetime had sold 2
bighas from Dag No. 139 to Jafar Uddin Ahmed i.e. the father of the defendants
No. 1 to 5 in the year 1965 by a registered sale deed and later in the year 1974
Noimuddin Sk. again sold 3 kathas 15 lechas of land from the same Dag to
Rabiya Khatun by another registered sale deed.
8. A reading of the respective stands in the plaint and the written statement
makes it discernible that it is the claim of the plaintiffs that their predecessor-in-
Page No.# 5/6
interest Naimuddin Sk. held and possessed a plot of land of 5 bighas 0 katha 16
lechas of Dag No. 139, 143 under Khatian No. 58, Tauzi No. 1 at village
Baruapara under Kokrajhar Revenue Circle whereas it is the claim of the
defendants that a part of the land had been sold by the predecessor-interest of
the plaintiffs to the predecessor-interest of the defendants by a registered sale
deed.
9. While deciding the issue no. VII, the learned Trial Court took note that the
name of the predecessor-in-interest of the defendants namely Jafar Uddin
Ahmed appeared in the Khatian No. 58 and therefore, the right, title and
interest claimed by the plaintiffs were rejected. No mention is made in the
judgment regarding the exhibition of any registered sale deed by the defendants
with reference to their stand in paragraph 11 of the written statement that their
predecessor-in-interest had acquired the right, title and interest by virtue of the
sale deeds.
10. In the aforesaid circumstance, a substantial question of law is framed as
to "whether in view of the statement in paragraph 11 of the written statement
the burden to prove regarding the right, title and interest over the suit land by
the defendants has shifted to them to be discharged by producing the relevant
sale deeds which are claimed to be the instruments through which the
predecessor-in-interest had acquired the right, title and interest" and corollary
substantial question of law as to "whether any such relevant sale deeds were
exhibited and examined by the Court below while declining the right, title and
interest of the plaintiffs appellants."
11. The judgment dated 14.02.2022 in Title Suit No. 49/2021 (Original Title
Suit No. 05/2017) before the Court of Munsiff No. 1, Kokrajhar shall remain
stayed until further orders.
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List after six weeks.
JUDGE
Comparing Assistant
