Gauhati High Court
Page No.# 1/4 vs Md Shekhbar Ali And 2 Ors on 14 August, 2024
Page No.# 1/4
GAHC010147342024
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : RSA/148/2024
MD ABDUL HAMID AND 7 ORS
S/O LATE ABED ALI
RESIDENT OF VILLAGE DOULATPUR, PO DOULATPUR, PS BIHPURIA, DIST
LAKHIMPUR, ASSAM 787054
2: ROFIKUL ISLAM
S/O LATE KHURSHED ALI
RESIDENT OF VILLAGE DOULATPUR
PO DOULATPUR
PS BIHPURIA
DIST LAKHIMPUR
ASSAM 787054
3: ABDUL KHALIL
S/O LATE KHURSHED ALI
RESIDENT OF VILLAGE DOULATPUR
PO DOULATPUR
PS BIHPURIA
DIST LAKHIMPUR
ASSAM 787054
4: NOOR ISLAM
S/O ABDUL JALIL
RESIDENT OF VILLAGE DOULATPUR
PO DOULATPUR
PS BIHPURIA
DIST LAKHIMPUR
ASSAM 787054
Page No.# 2/4
5: NOOR HUDA
S/O ABDUL JALIL
RESIDENT OF VILLAGE DOULATPUR
PO DOULATPUR
PS BIHPURIA
DIST LAKHIMPUR
ASSAM 787054
6: NOOR MOHAMMAD
S/O ABDUL JALIL
RESIDENT OF VILLAGE DOULATPUR
PO DOULATPUR
PS BIHPURIA
DIST LAKHIMPUR
ASSAM 787054
7: MOLLIKA KHATUN
W/O ABDUL JALIL
RESIDENT OF VILLAGE DOULATPUR
PO DOULATPUR
PS BIHPURIA
DIST LAKHIMPUR
ASSAM 787054
8: JAIMONA NESSA
W/O LATE KHURSHED ALI
RESIDENT OF VILLAGE DOULATPUR
PO DOULATPUR
PS BIHPURIA
DIST LAKHIMPUR
ASSAM 78705
VERSUS
MD SHEKHBAR ALI AND 2 ORS
S/O LATE SUKUR MAMUD,
RESIDENT OF VILLAGE RANGCHALI, PO ANGARKHUWA, PS PANIGAON,
DIST LAKHIMPUR ASSAM, 787031
2:MD. AKBAR ALI
S/O LATE SUKUR MAMUD
RESIDENT OF VILLAGE BORLUA
PO DOLOHAT
PS NORTH LAKHIMPUR
DIST. LAKHIMPUR
ASSAM
787023
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3:MD. NEKBAR ALI
S/O LATE SUKUR MAMUD
RESIDENT OF VILLAGE NO. 1
AHMEDPUR PO ISLAMGAON
PS BIHPURIA
DIST LAKHIMPUR
ASSAM 78705
Advocate for the Petitioner : MR. M K HUSSAIN, MR. M ALOM,MS ASFIA AHMED,MR
AZIZUR RAHMAN
Advocate for the Respondent : ,
BEFORE
HON'BLE MR. JUSTICE ROBIN PHUKAN
ORDER
14.08.2024
Heard Mr. M.K. Hussain, learned counsel for the appellants.
This regular second appeal is directed against the judgment and order dated
31.05.2024 passed in Title Appeal No.11/2023, by the learned Civil Judge (Senior
Division), Lakhimpur, North Lakhimpur. It is to be noted here that vide impugned
judgment and order dated 31.05.2024, the learned Civil Judge (Senior Division),
Lakhimpur, North Lakhimpur, had dismissed the appeal thereby affirming and upholding
the judgment and order dated 08.09.2023 and the decree dated 16.09.2023 passed in
Title Suit No.04/2015 passed by the learned Munsiff No.2, Lakhimpur, North Lakhimpur.
Perused the memo of appeal and the grounds mentioned therein and also the
impugned judgment and order dated 31.05.2024 in Title Appeal No.11/2023 and also the
judgment and order dated 08.09.2023 and the decree dated 16.09.2023 passed in Title
Suit No.04/2015.
This second appeal is admitted for hearing on the following substantial questions of
law:-
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(i) Whether the respondents are entitled to any relief from the learned Trial Court as
well as Lower Appellate Court without having title and possession over the suit
land?
(ii) Whether the learned Lower Appellate Court is justified in shifting the onus of proof
upon the appellants when the respondents have miserably failed to prove their
pleaded case during trial?
(iii) Whether the appellants are legally entitled to be evicted from the suit land since
the appellants have been enjoying exclusive possession of the suit land by
constructing dwelling houses and by planting trees?
(iv) Whether the appellants are liable to be evicted from their land on the basis of
uncorroborated testimony of the respondents from any independent witness and in
absence of any documentary evidence?
(v) Whether the finding of the learned Trial Court as well as the Appellate Court are
sustainable in law in view of the suit barred by limitation?
Let notice be issued to the respondents, returnable within 4(four) weeks.
Step be taken by registered post with A/D and also by usual process within a week
from today.
Registry shall call for the record from the learned Lower Appellate Court and also
from the Court of learned Munsiff No.2, Lakhimpur, North Lakhimpur.
List after 4(four) weeks.
Sd/- Robin Phukan
JUDGE
Comparing Assistant
