Gauhati High Court
Islam Ali vs Dipu Sarma And Ors on 1 October, 2024
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GAHC010201212024
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : RSA/182/2024
ISLAM ALI
S/O BHELA ALI,
RESIDENT OF JYOTINAGAR, GUWAHATI 21, DIST KAMRUP M ASSAM
VERSUS
DIPU SARMA AND ORS
S/O LATE AMBU NATH SARMA
RESIDENT OF JYOTINAGAR , PS CHANDMARI, GUWAHATI 21, PRESENTLY
RESING AT BRAHMAPUTRA LODGE, LAST GATE DISPUR GUWAHATI 06
ASSAM
2:ON THE DEATH OF SRI BINDA RAI
SMTI CHINTA DEVI
W/O LATE BINDA RAI
RESIDENT OFJYOTINAGAR
OPP. GUWAHATI COLLEGE
GUWAHATI 21
DIST KAMRUP M ASSAM
3:VEER CHANDRA RAI
S/O LATE BINDA RAI
RESIDENT OFJYOTINAGAR
OPP. GUWAHATI COLLEGE
GUWAHATI 21
DIST KAMRUP M ASSAM
4:SHIV CHANDRA RAI
S/O LATE BINDA RAI
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RESIDENT OFJYOTINAGAR
OPP. GUWAHATI COLLEGE
GUWAHATI 21
DIST KAMRUP M ASSAM
5:HARISH CHANDRA RAI
S/O LATE BINDA RAI
RESIDENT OFJYOTINAGAR
OPP. GUWAHATI COLLEGE
GUWAHATI 21
DIST KAMRUP M ASSAM
6:ON THE DEATH OF SRI RAMBRISH RAY
JAY KISHAN RAY
S/O LATE RAMBRISH RAY
RESIDENT OFJYOTINAGAR
OPP. GUWAHATI COLLEGE
GUWAHATI 21
DIST KAMRUP M ASSAM
7:NANDA LAL RAY
S/O LATE RAMBRISH RAY
RESIDENT OFJYOTINAGAR
OPP. GUWAHATI COLLEGE
GUWAHATI 21
DIST KAMRUP M ASSAM
8:GUWAHATI MUNICIPAL CORPORATION
GUWAHATI 1
DIST KAMRUP M ASSAM
9:THE COLLECTOR
GUWAHATI MUNICIPAL CORPORATION PANBAZAR
GUWAHATI 01 ASSA
Advocate for the Petitioner : MR. A IKBAL, MS. J SARMA,MR. R BARUAH,MS S SIDDIQUA
Advocate for the Respondent : SC, GMC,
BEFORE
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HONOURABLE MR. JUSTICE ROBIN PHUKAN
ORDER
01.10.2024
Heard Mr. A. Ikbal, learned counsel for the appellant and Mr. R. Bora, learned
Standing Counsel, GMC, respondent Nos. 4 & 5.
2. This appeal, under Section 100 of the C.P.C., is directed against the
Judgment and Decree dated 21.08.2024, passed by the learned Additional District
Judge No. 1, Kamrup (M) at Guwahati, in Title Appeal No. 14/2011.
3. It is to be noted here that vide Judgment and Decree dated 21.08.2024, the
learned Additional District Judge No. 1, Kamrup (M) at Guwahati has reversed the
Judgment and Decree dated 25.04.2011, passed in Title Suit No. 25/2007, by
learned Civil Judge No. 1, Kamrup (M) at Guwahati.
4. Perused the memo of appeal as well as the grounds mentioned therein and
also perused the impugned Judgment and Decree dated 21.08.2024, passed by the
learned Additional District Judge No. 1, Kamrup (M) at Guwahati, in Title Appeal
No. 14/2011 and also perused the Judgment and Decree dated 25.04.2011, passed
in Title Suit No. 25/2007, by learned Civil Judge No. 1, Kamrup (M) at Guwahati.
5. Having heard the submission of learned counsel for the appellant, this
second appeal is admitted on the following substantial questions of law :-
"(i) Whether, the findings so arrived at by the learned
first appellate court in respect of issue No. 5 is
perverse and contrary to provisions of law,
particularly the Evidence Act, holding the field, in
as much as the plaintiff having proved his case and
established his right, title and interest over the
suit land by adducing cogent, credible and
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corroborative evidence by way of Exhibit Nos. 1(1),
1(2) & 1(3) and supported by the official witness,
i.e. the P.W.4 (Sri Pabitra Kr. Das)?
(ii) Whether, the learned first appellate court had decided
the issue No. 6 in a perverse manner without
considering the evidence, materials and documents
placed on record, inasmuch as the name of Sri.
Shantiram Das, the vendor appearing as recorded
Pattadar in the record of right, i.e. Jamabandi
against serial No. 10, in Exhibit - 3 and the name of
the plaintiff (Appellant) appearing against serial
Nos. 21 & 140 in Exhibit - 4, i.e. records of right
and learned first appellate court without applying
judicial mind decided the issue No. 6 in a perverse
manner? and
(iii) Whether, the impugned judgment and decree passed by
the learned first appellate court suffers from
misreading, non-reading and misinterpretation of
Judgment of this court, passed in RSA No. 123/2014,
dated 09.01.2020, remanding the matter to the learned
first appellate court on a particular point and the
learned first appellate court having not discussed the
said aspect of the matter thereby caused grave
illegality and material irregularity resulting in
miscarriage of justice?"
6. Let notice be issued to the respondents, within a week from today, returnable
in 4 weeks, by registered post with A/D and also by usual process. As Mr. Bora has
appeared and accepted notice on behalf of the respondent Nos. 4 & 5, no formal
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notice is required to be issued. However, extra requisite copy of the petition be
furnished to him during the course of the day.
7. The Registry shall call for the record from the learned trial court as well as
from the learned first appellate court.
8. List the matter after 4 (four) weeks.
JUDGE
Comparing Assistant
