Md Nurmohammad vs Md Nurul Islam And 3 Ors
2024 Latest Caselaw 3985 Gua

Gauhati High Court

Md Nurmohammad vs Md Nurul Islam And 3 Ors on 5 June, 2024

Author: Sanjay Kumar Medhi

Bench: Sanjay Kumar Medhi

                                                                Page No.# 1/3

GAHC010076632018




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

                             Case No. : RSA/68/2024

         MD NURMOHAMMAD
         S/O LATE JABAN ALI,
         R/O VILL WEST SINGIMARI, MOUZA LAWKHOWA, P.S. RUPAHIHAT, DIST
         NAGAON, ASSAM, PIN 782125



         VERSUS

         MD NURUL ISLAM AND 3 ORS
         S/O MD YAKUB ALI,
         R/O VILL WEST SINGIMARI, MAUZA LAWKHOWA, P.S. RUPAHIHAT, DIST
         NAGAON, ASSAM, PIN 782125

         2:MD TAIJUL ISLAM
          S/O MD YAKUB ALI

         R/O VILL WEST SINGIMARI
         MAUZA LAWKHOWA
         P.S. RUPAHIHAT
         DIST NAGAON
         ASSAM
         PIN 782125

         3:MD ZIARUL ISLAM
          S/O MD YAKUB ALI
         R/O VILL WEST SINGIMARI
          MAUZA LAWKHOWA
          P.S. RUPAHIHAT
          DIST NAGAON
         ASSAM
          PIN 782125

         4:MD. YAKUB ALI
                                                                       Page No.# 2/3

             S/O LATE AHMEDI SHEIKH

            R/O VILL WEST SINGIMARI
            MAUZA LAWKHOWA
            P.S. RUPAHIHAT
            DIST NAGAON
            ASSAM
            PIN 78212

Advocate for the Petitioner   : MR. A BARKATAKI

Advocate for the Respondent :




                                   BEFORE
                  HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                         ORDER

05-06-2024 Heard Shri M. K. Chouhdury, learned Senior Counsel assisted by Shri A. Barkataki, learned counsel for the appellant, who has preferred this second appeal against a judgment dated 30.05.2016 and decree dated 02.06.2016 passed by the learned Addl. District Judge, FTC, Nagaon in Title Appeal No. 2/2015. By the impugned judgment, the initial judgment and decree dated 02.02.2012 passed by the learned Civil Judge, Nagaon in Title Suit No. 87/2023 was reversed. The suit was initially decreed in favour of the appellant/plaintiff by the learned Civil Judge, Nagaon in TS No. 87/2023. The learned Senior Counsel has submitted that at least on two counts, the judgment of the First Appellate Court is not sustainable in law. Upon hearing, the appeal is admitted on the following substantial questions of law:-

(1) Whether the impugned judgment on the First Appellate Court on the point of limitation is in accordance with law?

Page No.# 3/3

(2) Whether the findings of the First Appellate Court on the issue of fraudulent execution of the sale deeds are in accordance with law and in tune with the evidence on record?

This Court may frame any other substantial questions of law at the time of hearing.

Let steps be taken for issuance of notice upon the respondents by usual process.

Steps be taken within 2 (two) days from today. List this matter after 6 (six) weeks along with the service report.

JUDGE

Comparing Assistant