Page No.# 1/3 vs Suruj Ali
2024 Latest Caselaw 4201 Gua

Gauhati High Court

Page No.# 1/3 vs Suruj Ali on 12 June, 2024

Author: Sanjay Kumar Medhi

Bench: Sanjay Kumar Medhi

                                                                     Page No.# 1/3

GAHC010117222024




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

                                  Case No. : RSA/100/2024

            KITAB ALI AND 2 ORS
            S/O KUDRAT ALI,
            RESIDENT OF VILLAGE NO. 1, PASNOI, PS AND PO NAOBOISA, DIST
            LAKHIMPUR, ASSAM 787023

            2: MD. HASEN ALI
             S/O ALIM UDDIN

            RESIDENT OF VILLAGE NO. 1
            PASNOI
            PS AND PO NAOBOISA
            DIST LAKHIMPUR
            ASSAM 787023

            3: MUSST. ANUWARA BEGUM
            W/O AKKAS ALI

            RESIDENT OF VILLAGE NO. 1
            PASNOI
            PS AND PO NAOBOISA
            DIST LAKHIMPUR
            ASSAM 78702

            VERSUS

            SURUJ ALI
            S/O LATE MOIN UDDIN, RESIDENT OF VILLAGE NO. 1, PASNOI PS AND PO
            NAOBOISA, DIST LAKHIMPUR, ASSAM 787023



Advocate for the Petitioner   : ALHAJJ I UDDIN

Advocate for the Respondent :
                                                                         Page No.# 2/3




                                  BEFORE
                 HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                       ORDER

12.06.2024.

Heard Shri AI Uddin, learned counsel for the appellants, who have filed this appeal under Section 100 of the Code of Civil Procedure against the judgment and decree dated 27.02.2024 passed by the learned Civil Judge, Sr. Division, Laikhimpur, North Lakhimpur in Title Appeal No. 6/2022 affirming the judgment and decree dated 18.11.2021 passed by the learned Munsiff No. 1, North Lakhimpur, Lakhimpur passed in Title Suit No. 27/2020 (Original Case No.TS/13/2016).

The appellants were the defendants in the suit instituted for recovery of khas possession and injunction. The appellants-defendants had also made a counter-claim for injunction and confirmation of possession. Both the suit and the first appeal preferred by the appellants have been dismissed.

It is submitted on behalf of the appellants that though the documents by which the title of the land in question was transferred to the defendants were duly proved, the same were not taken into consideration in its proper perspective by both the Courts below:

The appeal is admitted on the following substantial question of law:

"As to whether the learned trial court as well the appellate court was

correct in discarding the Defendants' documentary evidence Exhibits: 'Kha', 'Ga', 'Onga', 'Cha' and 'Chha' whose were exhibited without objection."

Page No.# 3/3

Let steps for service of notice upon the sole respondent be taken by usual process within 2 days from today.

List this case after 6 weeks along with report on service.

JUDGE

Comparing Assistant