Anowar Hussain vs Musst Ojufa Khatun
2024 Latest Caselaw 5473 Gua

Gauhati High Court

Anowar Hussain vs Musst Ojufa Khatun on 2 August, 2024

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GAHC010112772024




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

                                    Case No. : RSA/141/2024

            ANOWAR HUSSAIN
            S/O ABDUL GAFUR,
            RESIDENT OF VILLAGE GHILAJARI, MOUZA GHILAJARI, PS HOWLY, DIST
            BARPETA, ASSAM



            VERSUS

            MUSST OJUFA KHATUN
            D/O LATE TOMASER ALI,
            W/O NURUL ISLAM, RESIDENT OF VILLAGE JASHIHATI, MOUZA
            GHILAJARI, PS HOWLY, DIST BARPETA, ASSAM



Advocate for the Petitioner   : MR. J AHMED, MS A HUSSAIN,R BEGUM,H G DAISY

Advocate for the Respondent : ,




             Linked Case : I.A.(Civil)/2270/2024

            ANOWAR HUSSAIN
            S/O ABDUL GAFUR

            RESIDENT OF VILLAGE GHILAJARI
            MOUZA GHILAJARI
            PS HOWLY
            DIST BARPETA
            ASSAM
                                                                      Page No.# 2/3



           VERSUS

          MUSST OJUFA KHATUN
          D/O LATE TOMASER ALI
          W/O NURUL ISLAM
          RESIDENT OF VILLAGE JASHIHATI
          MOUZA GHILAJARI
          PS HOWLY
          DIST BARPETA
          ASSAM


          ------------
          Advocate for : MR. J AHMED
          Advocate for : appearing for MUSST OJUFA KHATUN



                                   BEFORE
                 HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                     ORDER

Date : 02.08.2024

1. Heard Mr. J. Ahmed, learned counsel for the appellant.

2. This Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908 has been filed by the appellant impugning the judgment and decree dated 22.03.2024 and 01.04.2024 respectively, by the Court of learned Civil Judge, Barpeta in Title Suit No. 41/2022, whereby it upheld the judgment and degree passed by learned Munsiff No.1, Barpeta on 27.04.2022 in Title Suit No. 80/2014, whereby the suit of the respondent was decreed and the counter claim filed by the present appellant was dismissed.

3. After hearing the learned counsel for the appellant and after perusing the Memo of Appeal as well as the documents annexed with the Memo of Appeal, the following substantial question of law is formulated:

i. Whether the Trial Court as well as the First Appellant Court Page No.# 3/3

were right in dismissing the counter claim of the appellant and decree in the suit of the respondent/plaintiff, when no relief was sought for cancellation of registered Sale Deed No. 1328 dated 05.05.2000, and whether the above mentioned Courts were correct in upholding the said sale deed to have been fraudulently obtained without framing an issue to that effect?

4. Issue notice to the respondents.

5. This appeal is admitted.

6. Call for the records from the Trial Court.

7. The appellant shall take steps for issuance of notice to the respondent by registered post with A/D as well as by usual mode within seven days from the date of this order, returnable on 13.09.2024.

8. List this matter on 13.09.2024.

JUDGE

Comparing Assistant