Page No.# 1/8 vs Jitul Ali And 7 Ors
2025 Latest Caselaw 101 Gua

Gauhati High Court

Page No.# 1/8 vs Jitul Ali And 7 Ors on 2 May, 2025

Author: Devashis Baruah

Bench: Devashis Baruah

                                                                Page No.# 1/8

GAHC010196542023




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

                           Case No. : RSA/192/2023

         NIRBHAY BARMAN AND 3 ORS.
         S/O LATE CHENIRAM BARMAN
         RESIDENTS OF VILLAGE BARKURA, PS NALBARI, DIST NALBARI ASSAM.

         2: SRI CHANDAN BARMAN @ DIGANTA BARMAN
          S/O SRI NIRBHAY BARMAN
         RESIDENTS OF VILLAGE BARKURA
          PS NALBARI
          DIST NALBARI ASSAM.

         3: SRI CHINKU BARMAN @ MANABENDRA BARMAN
          S/O SRI NIRBHAY BARMAN
         RESIDENTS OF VILLAGE BARKURA
          PS NALBARI
          DIST NALBARI ASSAM.

         4: SMTI. BASANTI BARMAN
         W/O SRI NIRBHAY BARMAN
         RESIDENTS OF VILLAGE BARKURA
          PS NALBARI
          DIST NALBARI ASSAM

         VERSUS

         JITUL ALI AND 7 ORS.
         S/O LATE JALIL ALI,
         RESIDENT OF MOLLAPAR, WARD NO. 11, NALBARI TOWN, PO NALBARI,
         MOUZA KHATA, PS NALBARI, DIST NALBARI, ASSAM, 781335

         2:MD. RAHUL ALI @ RATUL ALI
          S/O LATE JALIL ALI

         RESIDENT OF MOLLAPAR
         WARD NO. 11
                                   Page No.# 2/8

NALBARI TOWN
PO NALBARI
MOUZA KHATA
PS NALBARI
DIST NALBARI
ASSAM
781335

3:MD. KHALIL ALI

S/O LATE SUBHAN
RESIDENT OF MOLLAPAR
WARD NO. 11
NALBARI TOWN
PO NALBARI
MOUZA KHATA
PS NALBARI
DIST NALBARI
ASSAM
781335

4:MD. RINTU ALI
 S/O LATE HATEM ALI

RESIDENT OF VILLAGE BARAMA ROAD
WARD NO. 11
NALBARI TOWN
PO AND DIST NALBARI
ASSSAM 781335

5:MISS LUNA BEGUM
 D/O LATE HATEM ALI

RESIDENT OF VILLAGE BARAMA ROAD
WARD NO. 11
NALBARI TOWN
PO AND DIST NALBARI
ASSSAM 781335

6:MD. HAYAT ALI
 S/O LATE TOYAB ALI

RESIDENT OF MOLLAPAR
WARD NO. 11
NALBARI TOWN
PO NALBARI
MOUZA KHATA
PS NALBARI
                                                    Page No.# 3/8

DIST NALBARI
ASSAM
781335

7:MD. RAFIK ALI
 S/O LATE TOYAB ALI
RESIDENT OF MOLLAPAR
WARD NO. 11
 NALBARI TOWN
 PO NALBARI
 MOUZA KHATA
 PS NALBARI
 DIST NALBARI
ASSAM
 781335

8:MD. TAHER ALI
 S/O LATE TOYAB ALI
RESIDENT OF MOLLAPAR
WARD NO. 11
 NALBARI TOWN
 PO NALBARI
 MOUZA KHATA
 PS NALBARI
 DIST NALBARI
ASSAM
 78133

Linked Case : I.A.(Civil)/3150/2023

NIRBHAY BARMAN AND 3 ORS.
S/O LATE CHENIRAM BARMAN RESIDENTS OF VILLAGE BARKURA
PS NALBARI
DIST NALBARI ASSAM.

2: SRI CHANDAN BARMAN @ DIGANTA BARMAN
S/O SRI NIRBHAY BARMAN
RESIDENTS OF VILLAGE BARKURA
 PS NALBARI
 DIST NALBARI ASSAM.

3: SRI CHINKU BARMAN @ MANABENDRA BARMAN
S/O SRI NIRBHAY BARMAN
RESIDENTS OF VILLAGE BARKURA
PS NALBARI
DIST NALBARI ASSAM.
                                Page No.# 4/8

4: SMTI. BASANTI BARMAN
W/O SRI NIRBHAY BARMAN
RESIDENTS OF VILLAGE BARKURA
PS NALBARI
DIST NALBARI ASSAM.
VERSUS

JITUL ALI AND 7 ORS.
S/O LATE JALIL ALI
 RESIDENT OF MOLLAPAR
 WARD NO. 11
 NALBARI TOWN
 PO NALBARI
 MOUZA KHATA
 PS NALBARI
 DIST NALBARI
 ASSAM
 781335

2:MD. RAHUL ALI @ RATUL ALI
S/O LATE JALIL ALI

RESIDENT OF MOLLAPAR
WARD NO. 11
NALBARI TOWN
PO NALBARI
MOUZA KHATA
PS NALBARI
DIST NALBARI
ASSAM
781335

3:MD. KHALIL ALI

S/O LATE SUBHAN
RESIDENT OF MOLLAPAR
WARD NO. 11
NALBARI TOWN
PO NALBARI
MOUZA KHATA
PS NALBARI
DIST NALBARI
ASSAM
781335

4:MD. RINTU ALI
S/O LATE HATEM ALI
                                   Page No.# 5/8

RESIDENT OF VILLAGE BARAMA ROAD
WARD NO. 11
NALBARI TOWN
PO AND DIST NALBARI
ASSSAM 781335

5:MISS LUNA BEGUM
D/O LATE HATEM ALI

RESIDENT OF VILLAGE BARAMA ROAD
WARD NO. 11
NALBARI TOWN
PO AND DIST NALBARI
ASSSAM 781335

6:MD. HAYAT ALI
S/O LATE TOYAB ALI

RESIDENT OF MOLLAPAR
WARD NO. 11
NALBARI TOWN
PO NALBARI
MOUZA KHATA
PS NALBARI
DIST NALBARI
ASSAM
781335

7:MD. RAFIK ALI
S/O LATE TOYAB ALI
RESIDENT OF MOLLAPAR
WARD NO. 11
NALBARI TOWN
PO NALBARI
MOUZA KHATA
PS NALBARI
DIST NALBARI
ASSAM
781335

8:MD. TAHER ALI
S/O LATE TOYAB ALI
RESIDENT OF MOLLAPAR
WARD NO. 11
NALBARI TOWN
PO NALBARI
MOUZA KHATA
PS NALBARI
                                                                Page No.# 6/8

           DIST NALBARI
           ASSAM
           781335

For the appellant (s)     : Mr. L. K. Borah, Advocate

For the respondent (s) : Mr. R. K. Bhuyan, Advocate




                             BEFORE
              HON'BLE MR. JUSTICE DEVASHIS BARUAH
                            ORDER

02.05.2025

Heard Mr. L. K. Borah, the learned counsel appearing on behalf of the appellants. Mr. R. K. Bhuyan, the learned counsel appears on behalf of the respondents.

2. At the outset, the learned counsel for the appellants submits that the appellant Nos.1 & 4 in the meantime had expired after the filing of the instant Appeal on 18.02.2025 & 09.04.2024 respectively. He however submits that the estates of the appellant Nos.1 & 4 are duly represented by the appellant Nos.2 & 3 who are their sons.

3. Taking into account the above, the names of the appellant Nos.1 & 4 are struck off.

4. This is an Appeal filed under Section 100 of the Code of Civil Procedure, 1908 challenging the judgment and decree dated Page No.# 7/8

02.06.2023 passed by the Court of the learned Civil Judge, Nalbari at Nalbari in Title Appeal No.14/2019.

5. The instant Appeal is admitted on the following substantial question of law:-

Whether the learned Courts below were justified in granting the relief for recovery of possession when there is no pleadings to the effect that the plaintiffs were dispossessed during the pendency of the suit?

6. As Mr. R. K. Bhuyan, the learned counsel appears on behalf of the respondent Nos.1 & 2, extra copies of the Memo of Appeal be served upon him during the course of the day.

7. As regards the proforma respondent Nos.3 to 8, Mr. L. K. Borah, the learned counsel appearing on behalf of the appellants submits that their presence is not necessary taking into account that their interest do not effect the rights of the appellants.

8. Accordingly, the names of the proforma respondent Nos.3 to 8 are struck off.

9. The learned counsel appearing on behalf of the appellants shall file a fresh Memo of Parties before the Registry of this Court within 3 days and the Registry shall on the basis thereof make necessary correction in the cause title and update the same in the CIS.

Page No.# 8/8

10. Mr. R. K. Bhuyan, the learned counsel appearing on behalf of the respondent Nos.1 & 2 submits that the matter be taken up on an urgent basis taking into account that the suit was filed by the respondent Nos.1 & 2 in the year 2009.

11. Taking into account the above, list this matter on 10.06.2025.

12. The Registry shall requisition the records of the learned Court below and ensure that the records are available before this Court on the next date.

13. Liberty is given to both the parties to mention the matter for upgrading.

JUDGE

Comparing Assistant