Jamal Uddin Mazumdar vs Badar Uddin Mazumdar And 2 Ors
2025 Latest Caselaw 7642 Gua

Gauhati High Court

Jamal Uddin Mazumdar vs Badar Uddin Mazumdar And 2 Ors on 25 September, 2025

                                                                          Page No.# 1/3

GAHC010268442024




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

                                   Case No. : RSA/31/2025

            JAMAL UDDIN MAZUMDAR
            S/O LATE ABDUL ALI MAZUMDAR
            RESIDENT OF CHIPARSANGAN PART II, PO CHIPARSANGAN, PS ALGAPUR,
            DIST HAILAKANDI ASSAM 788001

            VERSUS

            BADAR UDDIN MAZUMDAR AND 2 ORS
            S/O LATE ABDUL ALI MAZUMDAR
            RESIDENT OF CHIPARSANGAN PART II, PO CHIPARSANGAN, PS ALGAPUR,
            DIST HAILAKANDI ASSAM 788001

            2:MAHAZZID HUSSAIN MAZUMDAR

            S/O BADAR UDDIN MAZUMDAR
            RESIDENT OF CHIPARSANGAN PART II
            PO CHIPARSANGAN
            PS ALGAPUR
            DIST HAILAKANDI ASSAM 788001

            3:IMRAN HUSSAIN MAZUMDAR
             S/O BADAR UDDIN MAZUMDAR
            RESIDENT OF CHIPARSANGAN PART II
             PO CHIPARSANGAN
             PS ALGAPUR
             DIST HAILAKANDI ASSAM 78800

Advocate for the Petitioner   : DR. B AHMED, MR M HUSSAIN,MR. A K AZAD,MR. S R
BARBHUIYA

Advocate for the Respondent : ,
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                                       BEFORE
              HON'BLE MRS. JUSTICE MITALI THAKURIA

                                       ORDER

25-09-2025

Heard Mr. N. Haque, learned counsel for the appellant.

This appeal, under Section 100 of the Code of Civil Procedure, 1908, is preferred against the impugned judgment dated 13.08.2024, and decree dated 23.08.2024 passed by the learned Civil Judge (Sr. Division), Hailakandi in T.A. No. 11/2020, dismissing the appeal and in affirming the judgment dated 17.07.2019 and decree dated 22.07.2019, passed by the learned Munsiff No.1, Hailakandi in Title Suit No. 143/2013.

Upon hearing the learned counsel for the appellant, this appeal is admitted on the following substantial questions of law:-

1. Whether the Schedule-I of suit land can be transferred by registered sale deed (Ext.-1) to the Defendant No.2 and 3 who are admittedly a minor without being appointed a guardian by the Court or behalf of the Defendant No.2 and 3?

2. Whether the burden lies upon the Defendants to prove the validity of Ex-1 and 2 (sale deeds executed by the father of the Defendant No.1 in favour of the Defendants in view of Section 111 of the Evidence Act?

3. Whether the learned appellate Court is correct in accepting the report of Expert who himself made an opinion that some thumb impressions in sale deed in question (Ext-1 and 2) is not identical with the proved thumb impression?

The Court may also hear this appeal on any other substantial questions of law after notice to the respondents.

Issue notice to the respondents, returnable within 4 (four) weeks.

Page No.# 3/3

The learned counsel for the appellant shall take steps for service of notice upon the respondents by registered post with A/D as well as by usual process within a period of 3 (three) days from today.

Also, call for the LCR.

List the matter after the Puja Vacation on a date to be fixed by the Registry.

JUDGE

Comparing Assistant