Nuruz Zaman vs On The Death Of Abdul Goni His Legal Heirs ...
2024 Latest Caselaw 4965 Gua

Gauhati High Court

Nuruz Zaman vs On The Death Of Abdul Goni His Legal Heirs ... on 19 July, 2024

Author: Parthivjyoti Saikia

Bench: Parthivjyoti Saikia

                                                                Page No.# 1/4

GAHC010140292024




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

                           Case No. : RSA/124/2024

         NURUZ ZAMAN
         SON OF LATE JAHUR UDDIN,
         RESIDENT OF VILLAGE - PUB MUKUNDA ATI, MOUZA - ALITANGANI,
         DISTRICT - NAGAON, ASSAM, PIN - 782124 .



         VERSUS

         ON THE DEATH OF ABDUL GONI HIS LEGAL HEIRS ANOWARA KHATUN
         AND ORS.
         WIFE OF ABDUL RASHID KHAN,
         RESIDENT OF VILLAGE - ALITAGONI, MOUZA - GARUBAT, DISTRICT -
         NAGAON, ASSAM, PIN - 782122.

         1.2:JAHANARA BEGUM
         WIFE OF ABDUL GONI

         RESIDENT OF VILLAGE - DHING GAON
         MOUZA - ALITANGANI
         DISTRICT - NAGAON
         ASSAM
         PIN - 782123.

         1.3:FAZILA KHATUN
         WIFE OF MD. SAMSUL HAQUE

         RESIDENT OF VILLAGE - NO.2 BARALIMARI
         MOUZA - ALITANGANI
         DISTRICT - NAGAON
         ASSAM
         PIN - 782121.

         2:ABDUL MATALIB
                                                       Page No.# 2/4

SON OF LATE ABDUL GONI

BOTH ARE RESIDENTS OF VILLAGE - KANDULIMARI
MOUZA - ALITANGANI
DISTRICT - NAGAON
ASSAM
PIN - 782123.

3:ABDUL HUSSAIN
 SON OF LATE ABDUL GONI

BOTH ARE RESIDENTS OF VILLAGE - KANDULIMARI
MOUZA - ALITANGANI
DISTRICT - NAGAON
ASSAM
PIN - 782123.

4.1:ON THE DEATH OF ABDUL JALIL HIS HEIRS AND LEGAL
REPRESENTATIVES MAZIDA KHATUN AND 4 ORS.
WIFE OF LATE ABDUL JALIL

RESIDENT OF VILLAGE - KANDULIMARI
MOUZA - ALITANGANI
DISTRICT - NAGAON
ASSAM
PIN - 782123.

4.2:SALIMA KHATUN
 DAUGHTER OF LATE ABDUL JALIL

RESIDENT OF VILLAGE - KANDULIMARI
MOUZA - ALITANGANI
DISTRICT - NAGAON
ASSAM
PIN - 782123.

4.3:MASUMA KHATUN
 DAUGHTER OF LATE ABDUL JALIL
RESIDENT OF VILLAGE - KANDULIMARI
 MOUZA - ALITANGANI
 DISTRICT - NAGAON
ASSAM
 PIN - 782123.

4.4:NAZIMA KHATUN
 DAUGHTER OF LATE ABDUL JALIL
RESIDENT OF VILLAGE - KANDULIMARI
 MOUZA - ALITANGANI
                                                                         Page No.# 3/4

               DISTRICT - NAGAON
               ASSAM
               PIN - 782123.

            4.5:TAMANNA KHATUN
             DAUGHTER OF LATE ABDUL JALIL
            RESIDENT OF VILLAGE - KANDULIMARI
             MOUZA - ALITANGANI
             DISTRICT - NAGAON
            ASSAM
             PIN - 782123.

            5:ABDUL ROFIQUE
             SON OF LATE ABDUL GONI

            RESIDENT OF VILLAGE - KANDULIMARI
            MOUZA - ALITANGANI
            DISTRICT - NAGAON
            ASSAM
            PIN - 782123

Advocate for the Petitioner   : MR. A C SARMA

Advocate for the Respondent :




                                    BEFORE
                   HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                         ORDER

Date : 19.07.2024

Heard Mr. A.C. Sarma, learned senior counsel, assisted by Mr. G. Bharadwaj, learned counsel for the appellant.

The appeal is admitted for hearing on the following two substantial questions of law:

1. Whether the learned Courts below erred in law in not considering Section 58 of the Evidence Act in as much as the defendants admitted the title of original owner of the land during cross-examination?

2. Whether the judgment of the learned Courts below suffers from Page No.# 4/4

perversity in as much as the title deeds of the plaintiff/ appellant were not challenged by the defendants in the suit and the evidence lead by plaintiff/ appellant was unrebutted?

Issue notice to the respondents. The appellant shall take steps for service of notice on the respondents by registered post with A.D. Call for the LCR.

List after 4(four) weeks.

JUDGE

Comparing Assistant