Noor Islam vs Isub Ali And Anr
2024 Latest Caselaw 6450 Gua

Gauhati High Court

Noor Islam vs Isub Ali And Anr on 30 September, 2024

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GAHC010008732024




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

                                  Case No. : RSA/159/2024

            NOOR ISLAM
            S/O LATE JAINUDDIN, RESIDENT OF VILLAGE GOTLONG, PO
            KALIABHOMORA, MOUZA BHAIRABPAD, PS TEZPUR, DIST. SONITPUR,
            ASSAM, 784027



            VERSUS

            ISUB ALI AND ANR.
            S/O LATE JAINUDDIN, RESIDENT OF VILLAGE GOTLONG, PO
            KALIABHOMORA, MOUZA BHAIRABPAD, PS TEZPUR, DIST. SONITPUR,
            ASSAM, 784027

            2:MD. SHAIRAB ALI
             S/O LATE JAINUDDIN
             RESIDENT OF VILLAGE GOTLONG
             PO KALIABHOMORA
             MOUZA BHAIRABPAD
             PS TEZPUR
             DIST. SONITPUR
            ASSAM
             78402

Advocate for the Petitioner   : MR. P MAHANTA, C SARMA,V KHAKHALARY,MS. P
SAHARIA

Advocate for the Respondent : MR. P SUNDI,
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                                     BEFORE


               HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                     ORDER

30.09.2024

1. Heard Mr. P. Mahanta, learned counsel for the appellant. Also heard Mr. P. Sundi, learned counsel appearing for respondents.

2. This appeal has been filed by the appellant/plaintiff under Section 100 of the Code of Civil Procedure, impugning the judgment dated 25.08.2023, passed in Title Appeal No. 14/2022, by the learned Civil Judge, Senior Division, Sonitpur, Tezpur, whereby it upheld the judgment and decree dated 14.02.2022, passed in Title Suit No. 22/2013.

3. After hearing the learned counsel for both the sides and after considering the memo of appeal as well as documents annexed therein, following substantial question(s) of law is formulated in this second appeal.

I. "Whether the Trial Court and the First Appellate Court erred in holding the respondent No. 1 as a co-owner of the suit land measuring 04 Katha, 15 Lechas, when the entire amount of the premium for conversation of the suit land from annual patta land to periodic patta land was paid only by the appellant."

4. The appeal is admitted.

5. Call for the case record of Title Appeal No. 14/2022 as well as records of Title Suit No. 22/2013 from the Trial Court.

6. Since Mr. P. Sundi has appeared for both the respondents, no formal Page No.# 3/3

notice needs to be issued.

7. List accordingly.

JUDGE

Comparing Assistant