Nasir Uddin vs Borhan Ali And 4 Ors
2025 Latest Caselaw 5029 Gua

Gauhati High Court

Nasir Uddin vs Borhan Ali And 4 Ors on 27 May, 2025

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GAHC010256512024




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

                           Case No. : RSA/237/2024

         NASIR UDDIN
         S/O LATE KASER ALI,
         VILLAGE MEDHIRTARI, MOUZA JANIA, DIST BARPETA, ASSAM



         VERSUS

         BORHAN ALI AND 4 ORS
         S/O LATE DARAG ALI
         RESIDENT OF VILLAGE MEDHIRTARI, MOUZA JANIA, DIST BARPETA,
         ASSAM

         2:SAHEB ALI
          S/O LATE GOLAM ALI

         RESIDENT OF VILLAGE MEDHIRTARI
         MOUZA JANIA
         DIST BARPETA
         ASSAM

         3:HAZRAT ALI

          S/O LATE GOLAM ALI

         RESIDENT OF VILLAGE MEDHIRTARI
         MOUZA JANIA
         DIST BARPETA
         ASSAM

         4:ABDUL MANNAN

          S/O LATE JOINUDDIN
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            RESIDENT OF VILLAGE MEDHIRTARI
            MOUZA JANIA
            DIST BARPETA
            ASSAM

            5:HEIRS OF MAINUDDIN

             RESIDENT OF VILLAGE MEDHIRTARI
             MOUZA JANIA
             DIST BARPETA
             ASSA

Advocate for the Petitioner   : I AMIN, MR M H AHMED

Advocate for the Respondent : ,




                                    BEFORE
                    HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI

                                         ORDER

Date : --27.05.2025

Heard Mr. M. H. Ahmed, learned counsel for the appellant.

This second appeal is presented against the judgment dated 06.11.2024 and decree dated 08.11.2024, passed in Title Appeal No.27/2023 by the learned Civil Judge (Sr. Division) Barpeta, whereby the judgment and decree dated 03.08.2023, passed in Title Suit No.34/2019, by the learned Munsiff No.2, Barpeta, was dismissed.

The appeal is admitted on the substantial question of law as to whether the findings of the learned first appellate Court declaring the right, title and interest of the plaintiff/respondents in respect of the suit land are perverse being solely based on the record of rights, that too, in the absence of the details as regards the source of recording the entries therein.

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Issue notice, returnable in 4(four) weeks.

Let steps be taken upon the respondents by registered post with A/D within a period of 3(three) days from today.

Call for the case records.

List the matter after 4(four) weeks on a date to be fixed by the Registry.

JUDGE

Comparing Assistant