Page No.# 1/6 vs Legal Heir Of Harunur Rahman
2024 Latest Caselaw 3082 Gua

Gauhati High Court

Page No.# 1/6 vs Legal Heir Of Harunur Rahman on 6 May, 2024

Author: Devashis Baruah

Bench: Devashis Baruah

                                                                 Page No.# 1/6

GAHC010060992024




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

                           Case No. : RSA/63/2024

         TAIYABUR RAHMAN AND ORS
         S/O LATE MOTOSIN ALI,
         RESIDENT OF VILLAGE DEORAIL, PO AND PS BADARPUR, DIST
         KARIMGANJ, ASSAM

         2: MUSST. SALEHA BEGUM
         W/O LATE TAIYABUR RAHMAN
         RESIDENT OF VILLAGE DEORAIL
          PO AND PS BADARPUR
          DIST KARIMGANJ
         ASSAM

         3: MD. SAHAN UDDIN
          S/O ABDUL HOQUE
         RESIDENT OF VILLAGE KHADIMAN PO BADARPURGHAT
          PS BADARPUR
          DIST KARIMGANJ
         ASSAM

         4: AHMED ZAKARIA
          S/O EKLASUR RAHMAN
         RESIDENT OF VILLAGE DEORAIL
          PO AND PS BADARPUR
          DIST KARIMGANJ
         ASSAM

         5: LEGAL HEIRS OF RIAZ UDDIN TAPADAR
          HUSSAIN AHMED TAPADAR
          RESIDENT OF VILLAGE KHADIMAN
          PO BADARPURGHAT
          PS BADARPUR DIST KARIMGANJ
         ASSAM

         6: MONJOOR AHMED TAPADAR
                                                    Page No.# 2/6

RESIDENT OF VILLAGE KHADIMAN
PO BADARPURGHAT
PS BADARPUR DIST KARIMGANJ
ASSAM

7: JUBAIR AHMED TAPADAR
 RESIDENT OF VILLAGE KHADIMAN
 PO BADARPURGHAT
 PS BADARPUR DIST KARIMGANJ
ASSAM

8: JAMAL AHMED TAPADAR
 RESIDENT OF VILLAGE KHADIMAN
 PO BADARPURGHAT
 PS BADARPUR DIST KARIMGANJ
ASSAM

9: SAYED AHMED TAPADAR
 RESIDENT OF VILLAGE KHADIMAN
 PO BADARPURGHAT
 PS BADARPUR DIST KARIMGANJ
ASSA

VERSUS

LEGAL HEIR OF HARUNUR RAHMAN, RAJIA KHAN AND ORS
(DAUGHTER)
W/O EMA UDDIN KHAN,
D/O LATE ABDUL KHALIQUE KHAN,
RESIDENT OF BHANGABAZAR, PO BHANGABAZAR, PS BADARPUR DIST
KARIMGANJ, ASSAM

2:MUSSTT. SAIRA KHANAM
W/O MUJIBAR RAHMAN CHOUDHURY

D/O LATE ABDUL KHALIQUE KHAN

RESIDENT OF BHANGABAZAR
PO BHANGABAZAR
PS BADARPUR DIST KARIMGANJ
ASSAM

3:MUSST. HAJIRA KHANOM (DAUGHTER )
W/O LATE SHAHID AHMED
D/O LATE ABDUL KHALIQUE KHAN

RESIDENT OF BHANGABAZAR
PO BHANGABAZAR
                                 Page No.# 3/6

PS BADARPUR DIST KARIMGANJ
ASSAM

4:KAMAL KHAN
 S/O LATE ABDUL KHALIQUE KHAN
RESIDENT OF VILLAGE HAJIPUR
 PO HASANPUR PS BADARPUR
 DIST KARIMGANJ
ASSAM

5:JAMAL KHAN
 S/O LATE ABDUL KHALIQUE KHAN
RESIDENT OF VILLAGE HAJIPUR
 PO HASANPUR PS BADARPUR
 DIST KARIMGANJ
ASSAM

6:EKBAL KHAN
 S/O LATE ABDUL KHALIQUE KHAN
RESIDENT OF VILLAGE HAJIPUR
 PO HASANPUR PS BADARPUR
 DIST KARIMGANJ
ASSAM

7:IBJAL KHAN
 S/O LATE ABDUL KHALIQUE KHAN
RESIDENT OF VILLAGE HAJIPUR
 PO HASANPUR PS BADARPUR
 DIST KARIMGANJ
ASSAM

8:RAHAMUN NESSA
 D/O LATE AHMED ALI

RESIDENT OF VILLAGE DIGHIPAR
PO AND PS BADAPUR
DIST KARIMGANJ
ASSAM

9:MEHERUN NESSA KHATUN
 D/O LATE AHMED ALI
W/O LATE ABDUL TAHER

RESIDENT OF VILLAGE DEORAIL
PO AND PS BADARPUR
DIST KARIMGANJ
ASSAM
                                                                      Page No.# 4/6

          10:MD. KHALILUR RAHMAN
           S/O HAJI AHMED ALI

          VILLAGE DEORALI
          PO BADARPURGHAT
          PS BADARPUR
          DIST KARIMGANJ
          ASSAM

          11:KAMAL UDDIN
          VILLAGE KHADIMAN

          PO BADARPURGHAT
          PS BADARPUR
          DIST KARIMGANJ
          ASSAM

          12:THE STATE OF ASSAM
          ASSAM


          13:SUB REGISTRAR
           KARIMGANJ

          14:SUB REGISTRAR
           BHANGABAZAR
           PO PS AND DIST KARIMGAN




Advocate for the appellant(s):    Mr. A Sattar


Advocate for the respondent(s):   Ms. D D Barman
                                  Additional Senior Govt. Advocate




                                  BEFORE
                HON'BLE MR. JUSTICE DEVASHIS BARUAH
                                   ORDER

Page No.# 5/6

06.05.2024

This is an appeal under Section 100 of the Code of Civil Procedure, 1908, (for short, the Code) challenging the judgment and decree dated 19.12.2023 passed in Title Appeal No.02/2014 by the Court of the learned District Judge, Karimganj.

2. The instant appeal is admitted by formulating the following substantial question of law:

Whether the learned Courts below were justified in decreeing the suit in favour of the plaintiffs without taking into consideration the evidence of PW-4 i.e. Dr. Jakir Hussain Laskar to the effect that the plaintiff No.1 as on the date of the examination by the PW-4 i.e. on 21.04.2011 was suffering only 40% disability and the documents which were executed by the plaintiff No.1 in favour of the defendants were of the years 2001 and 2006?

3. Issue notice making it returnable by 24.06.2024.

4. Ms. DD Barman, the learned Additional Senior Government Advocate accepts notice on behalf of the respondent Nos.4, 5 and 6. Therefore, no further steps need be taken upon the said respondents. However, extra copies of the memo of appeal be served upon Ms. Barman, the learned Additional Senior Government Advocate, during the course of the day.

Page No.# 6/6

5. Appellant to take steps for service of notice upon the respondent Nos.1, 2 and 3 by way of registered post with A/D as well as by usual process within three days.

6. The Registry shall call for the records from both the learned Trial Court as well as the learned Appellate Court.

7. List on 24.06.2024.

JUDGE

Comparing Assistant