Page No.# 1/3 vs Md Nurul Islam And 3 Ors
2023 Latest Caselaw 3932 Gua

                                                             Page No.# 1/3

GAHC010003202016




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

                           Case No. : RSA/141/2023

         SRI TANKESWAR SHINTEY and 3 ORS
         S/O LATE JATIRAM @ JATIRAM MIRI
         R/O VILLAGE SHOLMARIA, MOUZA -NOWBOICHA, DISTRICT
         LAKHIMPUR, ASSAM- 787028

         2: SRI BHOLA SHINTEY
          S/O LATE JATIRAM @ JATIRAM MIRI
         R/O VILLAGE SHOLMARIA
          MOUZA -NOWBOICHA
          DISTRICT LAKHIMPUR
         ASSAM- 787028

         3: SRI MURGI SHINTEY
          S/O LATE JATIRAM @ JATIRAM MIRI
         R/O VILLAGE SHOLMARIA
          MOUZA -NOWBOICHA
          DISTRICT LAKHIMPUR
         ASSAM- 787028

         4: SRI MONA SHINTEY
          S/O LATE JATIRAM @ JATIRAM MIRI
         R/O VILLAGE SHOLMARIA
          MOUZA -NOWBOICHA
          DISTRICT LAKHIMPUR
         ASSAM- 78702

         VERSUS

         MD NURUL ISLAM and 3 ORS
         SO LATE ABDUL AZIZ
         R/O VILLAGE MOHGHULI, MOUZA NOWBOICHA, DISTRICT LAKHIMPUR,
         ASSAM, PIN 787028

         2:SRI BIRGURAM PAYENG
                                                                   Page No.# 2/3

             RESPONDENT NO 2 UNDER CARE OF RESPONDENT NO. 1
             R/O VILLAGE MOHGHULI
             MOUZA NOWBOICHA
             DISTRICT LAKHIMPUR
             ASSAM
             PIN 787028

             3:MD. HABIBUDDIN AHMED
              RESPONDENT NO. 3 UNDER CARE OF RESPONDENT NO. 1
             R/O VILLAGE MOHGHULI
              MOUZA NOWBOICHA
              DISTRICT LAKHIMPUR
             ASSAM
              PIN 787028

             4:MD. IDRISH ALI
              RESPONDENT NO 4 UNDER CARE OF RESPONDENT NO. 1
             R/O VILLAGE MOHGHULI
              MOUZA NOWBOICHA
              DISTRICT LAKHIMPUR
             ASSAM
              PIN 78702

Advocate for the Petitioner   : MR.R SARMA

Advocate for the Respondent :




                                       :: BEFORE ::
                        HON'BLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                       O R D E R

25.09.2023

Heard Mr. R. Sarma, learned counsel appearing for the appellants.

The Regular Second Appeal is admitted for hearing upon the following two substantial questions of law.

1) Whether the Judgment and decree of the learned court below Page No.# 3/3

declaring right, title and interest in respect of a notified Tribal Belt land to a non-tribal based on registered sale deeds is sustainable in view of the provisions of Section 162(2) of the Assam Land and Revenue Regulation, 1886?

2) Whether the sale deeds can be treated to be proved without examining its executor and witnesses while there is a specific denial of its execution?

The appellants shall be at liberty to raise any other substantial questions of law at the time of hearing.

Issue Notice.

The appellants shall take steps for service of notice upon the respondent nos.1 and 4 only by registered post with A/D.

Call for the LCR.

List after 4(four) weeks.

JUDGE

Comparing Assistant