Gauhati High Court
Omar Ali And Anr vs Ashok Barman And 2 Ors on 17 January, 2019
Equivalent citations: AIRONLINE 2019 GAU 82
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GAHC010068942018
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : RSA 191/2018
1:OMAR ALI AND ANR
S/O LATE RASO ALI
RESIDENT VILL BARSHALA MUSALMAN PARA
MOUZA SARUKHETRI DIST BARPETA ASSAM
2: JANBO BIBI
W/O LATE RASO ALI
RESIDENT VILL BARSHALA MUSALMAN PARA
MOUZA SARUKHETRI DIST BARPETA ASSA
VERSUS
1:ASHOK BARMAN AND 2 ORS
S/O KUNUD BARMAN
VILL PALLA MOUZA SARUKHETRI DISTRICT BARPETA ASSAM 781307,
PRESENT ADD. VILL. SANTIPUR, MOUZA-HABIJAN, DIST. TINSUKIA,
ASSAM, PIN 786125
2:GAUTAM BARMAN
S/O KUNUD BARMAN
VILL PALLA MOUZA SARUKHETRI DISTRICT BARPETA ASSAM 781307
PRESENT ADD. VILL. SANTIPUR
MOUZA-HABIJAN
DIST. TINSUKIA
ASSAM
PIN 786125
3:BIKRAM BARMAN
S/O KUNUD BARMAN
VILL PALLA MOUZA SARUKHETRI DISTRICT BARPETA ASSAM 781307
PRESENT ADD. VILL. SANTIPUR
MOUZA-HABIJAN
DIST. TINSUKIA
ASSAM
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PIN 78612
Advocate for the Appellants : DR. B AHMED
Advocate for the Respondent :
BEFORE
HONOURABLE MR. JUSTICE MIR ALFAZ ALI
ORDER
Date : 17-01-2019 Heard learned senior counsel, Mr. N. Dhar for the appellants.
This second appeal is directed against the judgment and decree dated 16 th December, 2017, passed in Title Appeal 14 of 2015, whereby, the learned appellate court confirmed and upheld the judgment and decree passed by the learned Munsiff in Title Suit 119 of 2010.
The second appeal is admitted to be heard on the following substantial question of law :-
"Whether the impugned judgment and decree passed by the learned courts below ignoring the evidence, i.e., Exhibit-9, Exhibit-10(1), Exhibit-13 and Exhibit
-15 (2) in the case record and also the evidence of P.W. 1, P.W. 2, P.W. 4, P.W. 5, P.W. 6, P.W. 7 & P.W. 8 in their cross-examination in the case record vis-à-vis the law under section 5, 21, 22, 23, 51, 52, 54 and 55 of the Assam (Temporarily Settled Areas) Tenancy Act, 1971, and thereby declaring right, title and interest of the respondents/plaintiffs over the suit land and for ejectment of the appellants/defendants from the suit land have resulted in perversity and miscarriage of justice ?"
Issue notice to the respondents, returnable within 4 (four) weeks. Call for the records.
Steps for notice on the respondents shall be taken by registered post with A/D and also by usual process within 7 (seven) days.
The appellants shall be at liberty to raise any other substantial question of law at the time of hearing, if so desires.
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