Gauhati High Court
Page No.# 1/6 vs Mahammad Ali And Ors on 12 June, 2024
Author: Sanjay Kumar Medhi
Bench: Sanjay Kumar Medhi
Page No.# 1/6
GAHC010015392024
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : RSA/96/2024
FAZLUR RAHMAN ALIAS FAZAL SK AND ORS.
S/O LATE SHAHEB ALI,
RESIDENT OF VILLAGE LAKHIMARI, PS GOLAKGANJ, DIST DHUBRI,
ASSAM
2: JABEDA KHATUN
LEGAL HEIRS OF LATE ABDUL JALIL
RESIDENT OF VILLAGE LAKHIMARI
PS GOLAKGANJ
DIST DHUBRI
ASSAM
3: LAL BHANU KHATUN
S/O LATE SHAHEB ALI
RESIDENT OF VILLAGE LAKHIMARI
PS GOLAKGANJ
DIST DHUBRI
ASSAM
4: RABIA KHATUN ALIAS ABIYA BIBI
S/O LATE SHAHEB ALI
RESIDENT OF VILLAGE LAKHIMARI
PS GOLAKGANJ
DIST DHUBRI
ASSAM
5: JAHANGIR SARKAR
S/O LATE SHAHEB ALI
RESIDENT OF VILLAGE LAKHIMARI
PS GOLAKGANJ
DIST DHUBRI
Page No.# 2/6
ASSAM
6: TARABHANU BIBI
S/O LATE SHAHEB ALI
RESIDENT OF VILLAGE LAKHIMARI
PS GOLAKGANJ
DIST DHUBRI
ASSAM
7: LUTFA BIBI
S/O LATE SHAHEB ALI
RESIDENT OF VILLAGE LAKHIMARI
PS GOLAKGANJ
DIST DHUBRI
ASSAM
8: SAYED ALI
S/O LATE BAZLUR RAHMAN ALIAS LATE SAHEB ALI
RESIDENT OF VILLAGE LAKHIMARI
PS GOLAKGANJ
DIST DHUBRI
ASSAM
9: MONOWARA BIBI
W/O LATE HAZARAT ALI.
RESIDENT OF VILLAGE LAKHIMARI
PS GOLAKGANJ
DIST DHUBRI
ASSAM
10: MANIRUL HAQUE ALIAS MOINUL ALI
S/O LATE HAZRAT ALI
RESIDENT OF VILLAGE LAKHIMARI
PS GOLAKGANJ
DIST DHUBRI
ASSAM
11: FARIDUDDIN ALIAS FORID ALI
S/O LATE HAZRAT ALI
RESIDENT OF VILLAGE LAKHIMARI
PS GOLAKGANJ
DIST DHUBRI
Page No.# 3/6
ASSAM
12: RAHIM ALI
S/O LATE IJJAT ALI
RESIDENT OF VILLAGE LAKHIMARI
PS GOLAKGANJ
DIST DHUBRI
ASSAM
13: OMAR ALI
S/O LATE NEDU SK ALIAS ABDUL SK
RESIDENT OF VILLAGE LAKHIMARI
PS GOLAKGANJ
DIST DHUBRI
ASSA
VERSUS
MAHAMMAD ALI AND ORS.
S/O LATE FAYEJUDDIN BEPARI,
RESIDENT OF VILLAGE LAKHIMARI PART III, PS GOLAKGANJ, DIST
DHUBRI, ASSAM
2:FAZILA KHATUN
D/O LATE FAYEJUDDIN BEPARI
RESIDENT OF VILLAGE LAKHIMARI PART III
PS GOLAKGANJ
DIST DHUBRI
ASSAM
3:FIROZA KHATUN
D/O LATE FAYEJUDDIN BEPARI
RESIDENT OF VILLAGE LAKHIMARI PART III
PS GOLAKGANJ
DIST DHUBRI
ASSAM
4:FORHAD ALI BEPARI
S/O LATE OSIMUDDIN BEPARI
RESIDENT OF VILLAGE LAKHIMARI
PS GOLAKGANJ
DIST DHUBRI
ASSAM
Page No.# 4/6
5:FORIDUDDIN BEPARI
S/O LATE OSIMUDDIN BEPARI
RESIDENT OF VILLAGE LAKHIMARI
PS GOLAKGANJ
DIST DHUBRI
ASSAM
6:AZAD ALI BEPARI
S/O LATE OSIMUDDIN BEPARI
RESIDENT OF VILLAGE LAKHIMARI
PS GOLAKGANJ
DIST DHUBRI
ASSA
Advocate for the Petitioner : MRS. S ROY
Advocate for the Respondent : MD. S ALOM
BEFORE
HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
ORDER
12.06.2024
Heard Shri BC Das, learned Senior Counsel assisted by Ms. S. Roy, learned
counsel for the appellants, who has preferred this appeal under Section 100 of
the code of Civil Procedure, 1908 assailing the judgment and decree dated
23.11.2023 passed by the learned Civil Judge, (Sr. Division), Dhubri in Title
Appeal No. 07/2004 in upholding the judgment and decree dated 11.02.2000
passed by the learned Civil Judge, (Jr. Division), Dhubri in Title Suit No.
235/1994.
2. The learned Senior Counsel has submitted that there is a chequered
history of litigation and the earlier round was on the aspect of pecuniary
jurisdiction which was finally settled by this Court in an earlier appeal.
Page No.# 5/6
3. While the matter was remanded to the First Appellate Court, the appeal
has been allowed and the suit has been decreed.
4. The appeal is admitted on the following substantial questions of law:
"3. Whether, in view of the fact that there was no pleading by the
plaintiffs with regard to any decree obtained in any earlier suit by
the plaintiffs with regard to any decree obtained in any earlier suit
by the plaintiffs regarding the instant suit land, the learned lower
Appellate Court was justified in decreeing the suit in consideration of
the Ext.10, Exhibited by the P.W. 6 (judgment and decree of the
Appellate of the Court dated 19.02.1976 by which the suit for
injunction by the plaintiffs was decreed)?
4. Whether the learned lower Appellate Court was justified in
declaring the plaintiffs right, title and interest in respect of the suit
property on the basis of the weakness of the defendants case and
misreading of the written statement?"
5. This Court may frame any other substantial questions of law at the time of
hearing with notice to the respective parties.
6. Call for the LCR.
7. At this stage, Shri PK Deka, learned counsel submits that he would be
accepting notice on behalf of the respondent nos. 1, 2, 3 and 6. He has also
submitted that the respondent nos. 4 and 5 have passed away in the meantime.
Let extra copies of this memo of appeal along with enclosures be served upon
Shri Deka within two days.
8. Ms. Roy, learned counsel assisting the learned Senior Counsel for the
appellants would also take necessary instructions regarding subsequent steps to
Page No.# 6/6
be taken on the death of the respondent nos. 4 and 5.
9. List after 6(six) weeks along with a report on receipt of the LCR.
JUDGE
Comparing Assistant
