Page No.# 1/5 vs Mafijul Islam And 9 Ors
2023 Latest Caselaw 4654 Gua

                                                               Page No.# 1/5

GAHC010232602023




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

                          Case No. : RSA/191/2023

         KHUDEZA KHATUN AND 2 ORS
         W/O LATE MAJIBUR RAHMAN
         RESIDENT OF VILLAGE NAGABANDHA, PS LAHARIGHAT, DIST
         MORIGAON, ASSAM

         2: SABNAM SUHANA
          D/O LATE MAJIBUR RAHMAN
         RESIDENT OF VILLAGE NAGABANDHA
          PS LAHARIGHAT
          DIST MORIGAON
         ASSAM
         TO BE REPRESENTED BY PET. NO. 1

         3: ERSHAD AHMED
          S/O LATE MAJIBUR RAHMAN
         RESIDENT OF VILLAGE NAGABANDHA
          PS LAHARIGHAT
          DIST MORIGAON
         ASSAM
         TO BE REPRESENTED BY PET. NO.

         VERSUS

         MAFIJUL ISLAM AND 9 ORS.
         S/O LATE ISMAIL AKOND
         RESIDENT OF VILLAGE NAGABANDHA, PS LAHARIGHAT, DIST
         MORIGAON, ASSAM, 782104

         2:MD. JIABUR RAHMAN
          S/O MD. MAFIJUL ISLAM
         RESIDENT OF VILLAGE NAGABANDHA
          PS LAHARIGHAT
          DIST MORIGAON
         ASSAM
                                  Page No.# 2/5

782104

3:MD. SIRAJUL ISLAM
 S/O LATE ISMAIL AKOND
RESIDENT OF VILLAGE NAGABANDHA
 PS LAHARIGHAT
 DIST MORIGAON
ASSAM
 782104

4:MUSSTT. DILWARA KHATUN
 D/O LATE ISMAIL AKOND
RESIDENT OF VILLAGE NAGABANDHA
 PS LAHARIGHAT
 DIST MORIGAON
ASSAM
 782104

5:MD. GULJAR HUSSAIN
 S/O MD. MAHAMMAD ALI

RESIDENT OF HAHCHARA
MOUZA AND PS MOIRABARI
PO MOIRABARI
DIST MORIGAON
ASSAM 782126

6:MD. MAHIBUR RAHMAN
 S/O MOULANA MUBARAK ALI

RESIDENT OF VILLAGE NAGABANDHA
PS LAHARIGHAT
DIST MORIGAON
ASSAM
782104

7:MD. GULAM MUSTAFA
 S/O MOULANA MUBARAK ALI

RESIDENT OF VILLAGE NAGABANDHA
PS LAHARIGHAT
DIST MORIGAON
ASSAM
782104

8:MD. MUSHARAF HUSSAIN
 S/O MOULANA MUBARAK ALI
                                                                       Page No.# 3/5

            RESIDENT OF VILLAGE NAGABANDHA
            PS LAHARIGHAT
            DIST MORIGAON
            ASSAM
            782104

            9:MUSST. MUSAHIDA KHATUN
             D/O MOULANA MUBARAK ALI

            RESIDENT OF VILLAGE NAGABANDHA
            PS LAHARIGHAT
            DIST MORIGAON
            ASSAM
            782104

            10:MUSSTT. RASHIDA KHATUN
             D/O MOULANA MUBARAK ALI

            RESIDENT OF VILLAGE NAGABANDHA
            PS LAHARIGHAT
            DIST MORIGAON
            ASSAM
            78210

Advocate for the Petitioner   : MS. R CHOUDHURY

Advocate for the Respondent :




                                 BEFORE
            HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

                                        ORDER

Date : 17.11.2023

Heard Ms. R. Choudhury, learned counsel for the appellants.

2. The appellants plaintiffs instituted Title Suit No. 60/2012 in the Court of Munsiff No. 1, Morigaon claiming right, title and interest and recovery of possession in respect of a plot of land measuring 1 Bigha covered by Dag No. 301 of P.P. No. 56 in the village Nagabandha under Laharighat Mouza in the Page No.# 4/5

Morigaon district which is the Schedule A land which comprises of Schedule B and Schedule C land. To establish the right, title and interest over the Schedule A land the appellants plaintiffs relied upon the registered Sale Deed No. 2765/2008 which was exhibited as Exhibit No. 2. The learned trial Court in its judgment dated 30.01.2019 had rejected the registered Sale Deed by providing that the PW.1 had not exhibited the signature of the executant Mohibur Rahman and that there were various mode of proving a signature as provided in the Indian Evidence Act, 1872 and accordingly, rejected the suit of the plaintiffs. On an appeal being instituted before the Court of learned Civil Judge (Sr. Division) in Title Appeal No. 05/2019 by the judgment dated 22.08.2023 the case of the appellants plaintiffs was rejected.

3. The present second appeal is admitted on the substantial question of law "in view of the law laid down by the Hon'ble Supreme Court in paragraph 27 of its pronouncement in Prem Singh and others vs. Biral and others reported in (2006) 5 SCC 353 whether there is a requirement under the law to exhibit the signature of the executant of a registered document or whether there is a presumption of law in favour of its validity."

4. Admit.

5. Issue notice, returnable by six weeks.

6. Steps on the respondents by registered post within three days.

7. Call for the records of Title Suit No. 60/2012 from the Court of learned Munsiff No. II, Morigaon as well as Title Appeal No. 05/2019 from the Court of learned Civil Judge, Morigaon.

8. In view of the prima facie case being made out, the judgment and decree dated 30.01.2019 and 07.02.2019 respectively passed in Title Suit No. 60/2012 Page No.# 5/5

in the Court of the learned Munsiff No. II, Morigaon as well as the judgment dated 22.08.2023 in the Court of learned Civil Judge (Sr. Division) shall remain stayed.

9. The appellants may urge upon further substantial question of law at the time of hearing.

List after six weeks.

JUDGE

Comparing Assistant