Jahan Uddin Sk vs Manjila Bewa And 3 Ors
2023 Latest Caselaw 4668 Gua

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GAHC010235202023




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

                           Case No. : RSA/201/2023

         JAHAN UDDIN SK
         S/O LATE KARIM ALI SK,
         RESIDENT OF BIDYAPARA WARD NO. 8, DHUBRI TOWN, PO , PS AND DIST
         DHUBRI, ASSAM


         VERSUS

         MANJILA BEWA AND 3 ORS.
         W/O LATE JAMALUDDIN SK,
         RESIDENT OF BIDYAPARA WARD NO. 8, DHUBRI TOWN, PO , PS AND DIST
         DHUBRI, ASSAM

         2:MOKIBUDDIN SK
          S/O LATE JAMALUDDIN SK
         RESIDENT OF BIDYAPARA WARD NO. 8
          DHUBRI TOWN
          PO PS AND DIST DHUBRI
         ASSAM

         3:MOFIDULUDDIN SK
          S/O LATE JAMALUDDIN SK
         RESIDENT OF BIDYAPARA WARD NO. 8
          DHUBRI TOWN
          PO PS AND DIST DHUBRI
         ASSAM

         4:MOFIZUDDIN SK
          S/O LATE JAMALUDDIN SK
         RESIDENT OF BIDYAPARA WARD NO. 8
          DHUBRI TOWN
          PO PS AND DIST DHUBRI
         ASSA
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Advocate for the Petitioner    : MR. S BISWAS

Advocate for the Respondent :




                                     BEFORE
                    HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                            ORDER

Date : 17.11.2023

Heard Mr. S. Biswas, learned counsel for the appellant.

The appeal is admitted for hearing upon the following substantial question of law.

1. Whether the certified copy of a sale deed can be accepted as a proof of document in view of section 65 of the Indian Evidence Act, 1872?

2. Whether the judgment and decree dated 10.08.2023 passed by the learned first appellant court is perverse for non-considering the evidence of PW2?

Issue notice returnable in four weeks.

The appellant shall take step for service of notice upon the sole respondent by registered post with AD within three days.

Call for the LCR.

List accordingly.

JUDGE

Comparing Assistant