Gauhati High Court
Subal Ch Kar vs Sanjib Biswas And 9 Ors on 21 November, 2023
Author: Ajit Borthakur
Bench: Ajit Borthakur
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GAHC010225972023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : RSA/187/2023
SUBAL CH KAR
S/O LATE TARAK CH. KAR
RESIDENT OF JAGIROAD TOWN, PS AND PO JAGIROAD,DIST MORIGAON,
ASSAM, 782410
VERSUS
SANJIB BISWAS AND 9 ORS.
S/O LATE KATURAM BISWAS
RESIDENT OF PALIGURI, TARANGAPAR, NEAR SAMSAN (BURIAL
GROUND), PO AND PS JAGIROAD, DIST MORIGAON, ASSAM, 782410
2:SMTI. ANJALI BISWAS
W/O LATE SANJIB BISWAS
RESIDENT OF PALIGURI
TARANGAPAR
NEAR SAMSAN (BURIAL GROUND)
PO AND PS JAGIROAD
DIST MORIGAON
ASSAM 782410
3:SMTI. BISAKHA MANDAL
W/O SRI KHUSI MANDAL
RESIDENT OF PALIGURI
TARANGAPAR
NEAR SAMSAN (BURIAL GROUND)
PO AND PS JAGIROAD
DIST MORIGAON
ASSAM 782410
4:SRI NARAYAN SARKAR
S/O SRI SUBAL SARKAR
RESIDENT OF PALIGURI
TARANGAPAR
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NEAR SAMSAN (BURIAL GROUND)
PO AND PS JAGIROAD
DIST MORIGAON
ASSAM 782410
5:SMTI. RITA SARKAR
W/O SRI UTTAM SARKAR
RESIDENT OF PALIGURI
TARANGAPAR
NEAR SAMSAN (BURIAL GROUND)
PO AND PS JAGIROAD
DIST MORIGAON
ASSAM 782410
6:SRI ANANDA DAS
S/O SRI NIBASH SARKAR
RESIDENT OF PALIGURI
TARANGAPAR
NEAR SAMSAN (BURIAL GROUND)
PO AND PS JAGIROAD
DIST MORIGAON
ASSAM 782410
7:SRI GIRIDHARI DAS
S/O LATE GADHADHAR DAS
RESIDENT OF PALIGURI
TARANGAPAR
NEAR SAMSAN (BURIAL GROUND)
PO AND PS JAGIROAD
DIST MORIGAON
ASSAM 782410
8:SRI HARIPADAS DAS
S/O SHANTI NAMA DAS
RESIDENT OF PALIGURI
TARANGAPAR
NEAR SAMSAN (BURIAL GROUND)
PO AND PS JAGIROAD
DIST MORIGAON
ASSAM 782410
9:SRI RAMU DAS
S/O SRI NARESH DAS
RESIDENT OF PALIGURI
TARANGAPAR
NEAR SAMSAN (BURIAL GROUND)
PO AND PS JAGIROAD
DIST MORIGAON
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ASSAM 782410
10:SRI NARENDRA BARMAN
S/O LATE HARENDRA BARMAN
RESIDENT OF PALIGURI
TARANGAPAR
NEAR SAMSAN (BURIAL GROUND)
PO AND PS JAGIROAD
DIST MORIGAON
ASSAM 78241
Advocate for the Petitioner : MR. M U MAHMUD
Advocate for the Respondent :
BEFORE
HONOURABLE MR. JUSTICE AJIT BORTHAKUR
ORDER
Date : 21.11.2023
Heard Mr. M. U. Mahmud, learned counsel for the appellant.
The appeal is admitted on the following substantial questions of law:
"1. Whether the learned First Appellate Court was right in allowing the
appeal by way of setting aside the judgment and decree of the learned
Munsiff No. 1 at Morigaon, dated 29.03.2022, without considering the
exhibits like Jamabandi, premium receipt, copy of the order, dated
08.07.2009, various orders passed by the Addl. Deputy Commissioner,
Morigaon against the case no. 28/2009 of file no. MRS 35/2008, order,
dated 04.11.2009, passed by the Addl. Deputy Commissioner, Morigaon
against the case no. 28/2009 of file no. MRS 35/2008, order, dated
26.04.2012, passed by the Addl. Deputy Commissioner, Morigaon
against the MRS No. 67/2010/8 and Revenue receipts, which are in
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favour of the appellants and are public documents in view of Section
21 of the Indian Penal Code, being admissible under Section 74 of the
Indian Evidence Act ?
2. Whether the learned First Appellate Court on the basis of the
certificates of Gaonburah and Panchayat can pass an order, in favour of
respondents denying the right, title and interest of the appellant,
ignoring various public documents, which are duly exhibited and
proved?
Call for the records.
Issue notice.
The appellant shall take steps for service of notice upon the respondents
within two days from today by registered post with A/D.
List the matter after 4 (four) weeks.
JUDGE
Comparing Assistant
