Page No.# 1/14 vs On The Death Of Bikash Bhuiya His Legal ...
2025 Latest Caselaw 5817 Gua

Gauhati High Court

Page No.# 1/14 vs On The Death Of Bikash Bhuiya His Legal ... on 27 June, 2025

Author: Parthivjyoti Saikia

Bench: Parthivjyoti Saikia

                                                                 Page No.# 1/14

GAHC010106932010




                                                            2025:GAU-AS:8775-
DB

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

                           Case No. : RFA/29/2010

           ON THE DEATH OF REDWANUL HOQUE LASKAR HIS LEGAL HERIS LAILA
           KHANOM LASKAR and ORS
           W/O LT. R.H. LASKAR. II SHAJEDA KHANAM LASKAR D/O LT. R.H.
           LASKAR III IMRAN HUSSAIN LASKAR S/O LT. R.H. LASKAR IV SHOMME
           KHANAM LASKAR D/O LT. R.H. LASKAR ADD - VILL. NITAINOGAN PART-
           III, P.O. NITAINAGAON, P.O. and P.S. HAILAKANDI

           2: ON THE DEATH OF AINUL HOQUE LASKAR HIS LEGAL HERIS SULTANA
           BEGUM LASKAR

           W/O LATE A.H. LASKAR II MUBINAL HAQUE LASKAR S/O LATE A.H.
           LASKAR III TASLIMA LASKAR D/O LATE A.H. LASKAR SUBSTITUTED THE
           LEGAL HEIRS OF LT. AINUL HOQUE LASKAR

           3: MD. ISHADUL HOQUE LASKAR

           S/O LATE HAJI ABDUL HOQUE LASKAR


           4: MUSSTT. KHALARA BEGUM LASKAR


           5: MUSSTT. GULESA BEGUM LASKAR



           6: MUSSTT. SALEKA BEGUM LASKAR



           7: MUSSTT. AYESHA SIDDIKA LASKAR

           D/O LATE HAJI ABDUL HOQUE LASKAR
                                                       Page No.# 2/14

VILL. NITAINAGAR PART-III
P.O. NITAINAGAR
P.S. and DIST. HAILAKANDI.

8: ANAM UDDIN LASKAR

S/O LATE ABDUL WAHAB LASKAR.

9: SAFATUN NESSA LASKAR

W/O ABDUL WAHAB LASKAR.

10: SALIM UDDIN LASKAR

S/O LT. ABDUL MATIN LASKAR.

11: JASIM UDDIN LASKAR

S/O LT. ABDUL MATIN LASKAR

12: MUSSTT. MARIOM BIBI LASKAR

W/O LATE ABDUL LATIF LASKAR
ALL ARE OF VILL. NITAINAGAR PART-III
P.O. NITAINAGAR
P.S. and DIST. HAILAKANDI.

13: MUSTT. SAYATUN NESSA CHOUDHURY

W/O HASAN RAJA CHOUDHURY
VILL. RANGANTI
P.O. R.P. ROAD
P.S. and DIST. HILAKANDI

VERSUS

ON THE DEATH OF BIKASH BHUIYA HIS LEGAL HEIRS
WARD NO. II, HAILAKANDI TOWN, VIVEKANANDA ROAD, PO, P.S. AND
DIST- HAILAKANDI , PIN-788151

1.1:SHUKLA BHUIYA
W/O-BIKASH BHUIYA

1.2:BISWAJIT BHUIYA
 S/O-BIKASH BHUIYA
 BOTH ARE R/O- WARD NO. II
 HAILAKANDI TOWN
VIVEKANANDA ROAD
                                                       Page No.# 3/14

P.O
P.S and DIST. HAILAKANDI. PIN-788151

2:ON THE DEATH OF BISHU BHUIYA HIS LEGAL HEIRS ARE

I SAMOLI BHUIYA WIFE II CHUMKI BHUIYA DAU III TANURAJ BHUIYA
SON

3:SUMAN BHUIYA
 SONS OF LATE JASHODA BHUIYA
WARD NO. II
 HAILAKANDI TOWN
VIVEKANANDA ROAD
 P.S and DIST. HAILAKANDI.

4:M/S. LOKE NATH TRADERS

TO BE SERVED UPON-BIKASH BHUIYA
THE OWNER.

5:SWAPAN DEB

S/SO SATISH CH. DEB
HAILAKANDI TOWN
W/NO-IX
ATTORNEY OF FIRM
M/S LOK NATH TRADERS CENTRAL ROAD
HAILAKANDI.

6:ABDUL MONNAN LASKAR

S/O LT. IRFAN ALI LASKAR
52 CHITERTON SQ. PREMBROKE
LONDON
W 8-6 PJ

7:HAYATUN NESSA

D/O LT. IRFAN ALI LASKAR
W/O LT. ABID RAJA CHOUDHURY
68 ELEPHANT ROAD
DACCA-5.

8:REZAUL REZAK LASKAR

S/O LT. ABDUL REZAK LASKAR
C/O HAYATUN NESSA CHOUDHURY
W/O LT. ABID RAJA CHOUDHURY
                                  Page No.# 4/14

68 ELEPHANT ROAD
DACCA-5

9:NURUN NEHAR MAZUMDAR

W/O LATE GULAM WAZID MAZUMDER
LAKHIPUR ROAD
SILCHAR
P.O. SILCHAR
DIST. CACHAR.

10:HUSNA BEGUM LASKAR

W/O SIRAJ UDDIN LASKAR
VILL. BALIGHAT
P.O. ARUNACHAL
SILCHAR
DIST. CACHAR.

11:KHAIRUN NESSA BARBHUIYA

W/O OLIUL ISLAM BARBHUIYA
P.O. and VILL. RANGPUR SILCHAR
DIST. CACHAR.

12:AFIA BEGUM

W/O ABDUL MUNIM
TO BE SERVED UPON HUSNA BEGUM
VILL. BALIGHAT
P.O. ARUNACHAL
SILCHAR.

13:AMINA BEGUM CHOUDHURY

W/O JALIL AHMED CHOUDHURY
VILL. and P.O. KANAKPUR
SILCHAR

14:MOYMUNA BEGUM

W/O SAMSUL HUDA CHOUDHURY
VILL. RANGANTI
P.O. R.P. ROAD
DIST.HAILAKANDI.

15:REZIA BEGUM
                                                   Page No.# 5/14

W/O AZIM UDDIN MAZUMDER


16:ZAHURA BEGUM

W/O SAIDUR RAJA LASKAR.

17:SAFIA BEGUM

W/O FAIZUL AHMED LASKAR. TO BE SERVED UPON SAMSUL HUDA
CHOUDHURY VILL. RANGANTI
P.O. R.P. ROAD
HAILAKANDI.

18:JASHMIN SULTANA

W/O SAAD UDDIN CHOUDHURY
SOUTH SARANIA
GUWAHATI.

19:PRAVIN SULTANA

W/O BAHAR UDDIN LASKAR
SOUTH SARANIA
GUWAHATI
P.O. SOUTH SARANIA
DIST.KAMRUP.

20:ADVOCATE DILWAR HUSSAIN MAZUMDER

S/O AFTAB HUSSAIN MAZUMDER
LAKHIPUR ROAD
SILCHAR
P.O. SILCHAR
DIST. CACHAR.

21:MEHBUB HUSSAIN MAZUMDER

S/O AFTAB HUSSAIN MAZUMDER
LAKHIPUR ROAD
SILCHAR.

22:JUNU BEGUM

W/O BURHAN UDDIN

23:RENU BEGUM
                                                                         Page No.# 6/14

           W/O SAHID AHMED.

           24:RUSY BEGUM

           W/O DR. FAKRUL ALOM MAZUMDER
           TO BE SERVED UPON
           DILWAR HUSSAIN MAZUMDER
           LAKHIPUR ROAD
           SILCHAR
           P.O. SILCHAR
           DIST. CACHAR

Advocate for the Petitioner : MR.K K MAHANTA, MR MONZUR K CHOUDHURY (p-
10,11),MR. P CHAKRABORTY (p-10,11),R. BARUAH (p-10,11),MR. S N AHMED (p-10,11),MD.
M H CHOUDHURY,MR.K SINGHA,MS.S KHAN,MS.M DEORI,MS.M DUWARAH,MS.L N
CHOUDHURY,MS.D J BORAH,MD.M H CHOUDHURY,MR.B U LASKAR

Advocate for the Respondent : MR.S C KEYAL, ,,,,MR.S P CHOUDHURY,,MR.S K GHOSH ,




           Linked Case : CO/2/2011

           BIKASH BHUIYA and 3 ORS



           2: BISHU BHUIYA



           3: SUMAN BHUIYA

           ALL SONS OF LATE JASHODA BHUIYA
           WARD NO. II
           HALAKANDI TOWN
           VIVEKANANDA ROAD
           P.S. and DIST. HAILAKANDI

           4: SWAPAN DEB

           S/O SRI SATISH CH. DEB
           CENTRAL ROAD
           HAILAKANDI
           VERSUS
                                     Page No.# 7/14


MD. REDWANUL HOQUE LASKAR and ORS



2:MD. AINUL HOQUE LASKAR


3:MD. ISHADUL HOQUE LASKAR
S/O LATE HAJI ABDUL HOQUE LASKAR

4:MUSSTR. KHALARA BEGUM LASKAR


5:MUSTT. GULESA BEGUM LASKAR


6:MUSTT. SALEKA BEGUM LASKAR


7:MUSSTT. AYESHA SIDDIKA LASKAR

D/O LATE HAJI ABDUL HOQUE LASKAR
VILL. NITAINAGAR PART-III
P.O. NITAINAGAR
P.S. and DIST. HAILAKANDI

8:ANAM UDDIN LASKAR

S/O LATE ABDUL WAHAB LASKAR

9:SAFATUN NESSA LASKAR

W/O ABDUL WAHAB LASKAR

10:SALIM UDDIN LASKAR


11:JASIM UDDIN LASKAR



12:MUSTT. MARIOM BIBI LASKAR

W/O LATE ABDUL LATIF LASKAR
ALL ARE OF VILL. NITAINAGAR
PART-III
P.O. NITAINAGAR
                                                           Page No.# 8/14

P.S. and DIST. HAILAKANDI

13:MUSTT. SAYATUN NESSA CHOUDHURY

W/O HASAN RAJA CHOUDHURY
VILL. RANGANTI
P.O. R.P. ROAD
P.S. and DIST. HAILAKANDI.
------------

Advocate for : S C KEYAL Advocate for : L N CHOUDHURY appearing for MD. REDWANUL HOQUE LASKAR and ORS

Linked Case : I.A.(Civil)/282/2022

ON THE DEATH OF REDWANUL HOQUE LASKAR HIS LEGAL HERIS LAILA KHANOM LASKAR W/O LT. R.H. LASKAR VILL. NITAINAGAR PART-III P.O. NITAINAGAR P.O. and P.S. HAILAKANDI

2: SHAJEDA KAUSAR LASKAR D/O-LT. R H LASKAR

3: IMRAN HUSSAIN LASKAR S/O-LT. R H LASKAR

4: SHAMIMA KAUSAR LASKAR HAILAKANDI

5: ON THE DEATH OF MD. AINUL HOQUE LASKAR HIS LEGAL HEIRS SULTANA BEGUM LASKAR W/O-LT. MD. ANSARUL HOQUE LASKAR

6: MOBINUL HOQUE LASKAR S/O-LT. ANSARUL HOQUE LASKAR

7: TALIMA LASKAR D/O-LT. ANSARUL HOQUE LASKAR

8: MD. ISHADUL HOQUE LASKAR

S/O-LT. HAJI ABDUL HOQUE LASKAR

9: MUSSTT. KHALARA BEGUM LASKAR Page No.# 9/14

HAILAKANDI

10: MUSSTT. GULESA BEGUM LASKAR HAILAKANDI.

11: MUSSTT. SALEKA BEGUM LASKAR HAILAKANDI

12: MUSSTT. AYESHA SIDDIKA LASKAR D/O-LT.HAJI ABDUL HOQUE LASKAR ALL ARE R/O VILL. NITAINAGAR PART-III P.O. NITAINAGAR P.S. and DIST. HAILAKANDI. ASSAM.

13: ON THE DEATH OF ANAM UDDIN LASKAR HIS LEGAL HEIRS KAMRUL HOQUE LASKAR HILAKANDI

14: AFIA SULTANA HILAKANDI

15: RIAJUL HOQUE LASKAR HILAKANDI

16: AAINUL HOQUE LASKAR HILAKANDI

17: SAFATUN NESSA LASKAR HILAKANDI

18: SALIM UDDIN LASKAR S/O-LT. ABDUL MATIN LASKAR HILAKANDI

19: JASIM UDDIN LASKAR S/O-LT. ABDUL MATIN LASKAR HILAKANDI

20: MUSSTT. MARIOM BIBI LASKAR

W/O LATE ABDUL LATIF LASKAR ALL ARE OF VILL. NITAINAGAR PART-III P.O. NITAINAGAR P.S. and DIST. HAILAKANDI.

21: MUSTT. SAYATUN NESSA CHOUDHURY Page No.# 10/14

W/O HASAN RAJA CHOUDHURY VILL. RANGANTI P.O. R.P. ROAD P.S. and DIST. HILAKANDI.

VERSUS

ON THE DEATH OF BIKASH BHUIYA HIS LEGAL HEIRS 1.1) SHUKLA BHUIYA W/O-BIKASH BHUIYA

1.2:BISWAJIT BHUIYA WARD NO. II HAILAKANDI TOWN VIVEKANANDA ROAD P.O P.S and DIST. HAILAKANDI. PIN-788151

2:ON THE DEATH OF BISHU BHUYAN HIS LEGAL HEIRS 2.1) SAMOLI BHUIYA W/O-LT. BISHU BHUIYA

2.2:CHUMKI BHUIYA D/O-LT. BISHU BHUIYA

2.3:TANURAJ BHUIYA S/O-LT. BISHU BHUIYA ALL ARE R/O- WARD NO. II HAILAKANDI TOWN VIVEKANANDA ROAD P.S and DIST. HAILAKANDI. PIN-788151

3:SUMAN BHUIYA SONS OF LATE JASHODA BHUIYA WARD NO. II HAILAKANDI TOWN VIVEKANANDA ROAD P.S and DIST. HAILAKANDI. PIN-788151

------------

Advocate for : MD. M H CHOUDHURY Advocate for : appearing for ON THE DEATH OF BIKASH BHUIYA HIS LEGAL HEIRS 1.1) SHUKLA BHUIYA

Linked Case : MC/3456/2013

MD.REDWANUL HOQUE LASKAR and ORS Page No.# 11/14

VERSUS

BIKASH BHUIYAN and 2 ORS

------------

Advocate for : M H CHOUDHURY Advocate for : S C KEYAL appearing for BIKASH BHUIYAN and 2 ORS

Linked Case : I.A./282/2015

ON THE DEATH OF MD AINUL HOQUE LASKAR @ ANSARUL HOQUE LASKAR HIS LEGAL HEIRS - SULTANA BEGUM LASK

VERSUS

BIKASH BHUIYAN and 2 ORS

------------

Advocate for : MR.B U LASKAR Advocate for : MR.S K GHOSH appearing for BIKASH BHUIYAN and 2 ORS

Linked Case : I.A.(Civil)/1856/2017

BIKASH BHUIYAN and 2 ORS

VERSUS

ON THE DEATH OF REDWANUL HOQUE LASKAR HIS LEGAL HERIS LAILA KHANOM LASKAR and ORS

------------

Page No.# 12/14

Advocate for : MR.S P CHOUDHURY Advocate for : MR.B U LASKAR appearing for ON THE DEATH OF REDWANUL HOQUE LASKAR HIS LEGAL HERIS LAILA KHANOM LASKAR and ORS

:: PRESENT ::

THE HON'BLE MR. JUSTICE PARTHIVJYOTI SAIKIA

For the Appellants : Mr. M.H. Choudhury, Senior Advocate.

For the Respondents: Mr. S.P. Choudhury, Advocate.

                      Date of Hearing :                    27.05.2025.
                      Date of Judgment :                   27.06.2025.


                             JUDGMENT AND ORDER(CAV)

Heard Mr. M.H. Choudhury, learned senior counsel representing the appellants as well as Mr. S.P. Choudhury, learned counsel appearing for the respondents.

2. This is a Regular First Appeal under Section 96 of the Code of Civil Procedure (CPC) whereby the judgment and decree dated 15.05.2010 passed by the court of learned District Judge, Hailakandi in Title Suit No.21/2006 is under challenge.

3. Late Irfan Ali Laskar was the owner of the suit property. On 08.12.1938, on the basis of an agreement, he handed over the said plot of land to Girish Ch. Bhuiyan on monthly rent basis to be payable at the yearend. The yearly rent was ₹110/- only. The land was handed over to Girish Ch. Bhuiyan for a period of 15 years.

4. Girish Ch. Bhuiyan was doing business of kerosene oil on the said land. In the meantime, Irfan Ali Laskar died on 23.07.1955. He left behind his six sons and three daughters, namely- Abdul Wahab Laskar, Abdul Latif Laskar, Abdul Haque Laskar, Abdul Matin Laskar, Abdul Razzak Laskar, Abdul Monnan Laskar, Hawatun Nessa, Surotun Nessa and Sayatun Nessa.

5. It may be stated that after expiry of the period 15 years on 08.12.1953, as mentioned hereinbefore, Girish Ch. Bhuiyan had surrendered the plot of land to late Irfan Ali Laskar. Girish Ch.

Bhuiyan asked for permission to temporarily use the said land till he gets another suitable plot of land to carry on his business. Irfan Ali Laskar allowed the request of Girish Ch. Bhuiyan allowing him to temporarily continue to do his business from the said plot of land.

6. After that, Irfan Ali Laskar had died. His sons Abdul Latif Laskar, Abdul Wahab Laskar, Abdul Razzak Laskar and Abdul Matin also expired within a short period of time. Therefore, their heirs, being the plaintiffs of the suit, could not take any steps to remove Girish Ch. Bhuiyan from the suit land.

7. Subsequently, the plaintiffs found that the suit land was occupied by another entity called H.C.R.K. Bhuiyan. According to the plaintiffs, this H.C.R.K. Bhuiyan was unknown to them. Therefore, the plaintiffs filed the suit praying for eviction of the defendants from the suit land.

Page No.# 13/14

8. The defendants denied all the averments on the plaint. They have claimed that they have been continuously occupying the suit land since the days of their ancestor Girish Ch. Bhuiyan. The name H.C.R.K. Bhuiyan is the name of the business of the defendants and it was known to the plaintiffs. According to the defendants, they are tenants by law and they cannot be overthrown from the suit land.

9. On the basis of the pleadings of the parties, the trial court framed the following issues:

i. Whether Girish Ch. Bhuiyan contracted the lease of the suit property for H.C.R.K. Bhuiyan Firm from Irfan Ali Laskar, the predecessor of the plaintiffs? ii. Whether there is any relationship of landlords and tenants in between the plaintiffs and the defendants?

iii. Whether Girish Ch. Bhuiyan surrendered the possession of the tenancy land in the year 1953 to the landlords?

iv. Whether plaintiffs were in possession of the suit property since 1953 and were dispossessed by the defendants on 14.08.02 (at night)? v. What relief/reliefs plaintiffs are entitled to?

10. During the trial, the plaintiffs examined 2 witnesses and 11 numbers of documents were exhibited. The defendants examined three witnesses and exhibited 16 numbers of documents.

11. On the basis of the evidence on record, the trial court partly decreed the suit declaring only the right, title and interest of the plaintiffs over the suit land.

12. I have considered the submissions made by the learned counsel of both sides.

13. In this case, it is an admitted fact that Irfan Ali Laskar died on 23.07.1955. His son Abdul Monnan Laskar was made proforma defendant in the suit. Abdul Monnan Laskar is a resident of London in the United Kingdom. Being a son of late Irfan Ali Laskar, he also has a share in the suit property. Similarly, Hayatun Nessa, being the daughter of Irfan Ali Laskar, is a citizen of Dhaka in Bangladesh. Sri Rejaul Rezzak Laskar, the son late Abdul Razzak Laskar (the son of Irfan Ali Laskar) is also a citizen of Bangladesh. They also have shares in the suit property.

14. Now, the only point for determination in this appeal is as to whether notices upon these people from United Kingdom and Bangladesh were served or not?

15. The plaintiffs of the suit are sons of late Abdul Wahab Laskar, late Abdul Matin Laskar and other legal heirs. The plaintiffs have prayed for declaration of their right, title and interest over the suit land and for recovery of the vacation possession of the same.

16. I have already mentioned hereinbefore that Abdul Monnan Laskar, Hayatun Nessa being the son and daughter of late Irfan Ali Laskar also have their shares in the suit land. Rejaul Rezzak Laskar, being the son of Abdul Rezzak Laskar (son of Irfan Ali Laskar) also has share in the suit property.

17. The sons of late Abdul Wahab Laskar, late Abdul Matin Laskar and their other legal heirs without Abdul Monnan Laskar, Hayatun Nessa and Rejaul Rezzak Laskar cannot claim declaration of only their right, title and interest over the suit land because admittedly Abdul Monnan Laskar, Hayatun Nessa and Rejaul Rezzak Laskar also have shares in the suit property.

18. There is no evidence in this record that notices upon Abdul Monnan Laskar, Hayatun Nessa and Rejaul Rezzak Laskar were ever served. So, now the present situation is that Abdul Monnan Laskar, Hayatun Nessa and Rejaul Rezzak Laskar do not have any knowledge about institution of the suit by the sons of late Abdul Wahab Laskar, late Abdul Matin Laskar and their other legal heirs.

Page No.# 14/14

19. Only the sons of late Abdul Wahab Laskar, late Abdul Matin Laskar and their other legal heirs cannot pray for declaration of only their right, title and interest over the suit land without the presence of Abdul Monnan Laskar, Hayatun Nessa and Rejaul Rezzak Laskar because admittedly they also have shares in the suit land.

20. The plaintiffs being the appellants in this appeal alone cannot seek any declaration without Abdul Monnan Laskar, Hayatun Nessa and Rejaul Rezzak Laskar. This Court is of the opinion that the learned trial court has committed an error by declaring the right, title and interest of only the appellants over the suit land without hearing Abdul Monnan Laskar, Hayatun Nessa and Rejaul Rezzak Laskar.

21. For the aforesaid reasons, the judgment of the trial court is bad in law and is therefore set aside accordingly.

22. Under the aforesaid premised reasons, the case is remanded to the trial court of learned District Judge, Hailakandi for serving notice upon Abdul Monnan Laskar, Hayatun Nessa and Rejaul Rezzak Laskar. After service of notice and after hearing them, if they contest after receiving notice, the trial court shall pass a fresh judgment on all issues.

Send back the LCR.

JUDGE

Comparing Assistant