Gauhati High Court
Sri Gautam Sutradhar vs Sri Jagadish Rai And 4 Others on 20 August, 2025
Author: Parthivjyoti Saikia
Bench: Parthivjyoti Saikia
Page No.# 1/2
GAHC010039952025
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : RSA/27/2025
SRI GAUTAM SUTRADHAR
AGED ABOUT 52 YEARS SONOF LATE TARAKNATH SUTRADHAR,
RESIDENT OF BYE LANE NO. 1, LOKNATH MANDIR, PAHARTOLI,
KALAPAHAR P.O. BINOVA NAGAR, GUWAHATI-781018, P.S. AMBARI
FATASIL, DISTRICT- KAMRUP (M), ASSAM. PH-9508426976.
VERSUS
SRI JAGADISH RAI AND 4 OTHERS
SON OF SRI SAMBHU TEWARI
2:SRI AWADESH RAI
BOTH ARE SONS OF LATE RAMCHIJ RAI
3:SRI AWADESH KR TEWARI
SON OF SRI SAMBHU TEWARI
4:SRI RAJESH KR TEWARI
BOTH ARE SONS OF SRI SAMBHU TEWARI
ALL ARE RESIDENT OF WAHED MARKET
S.S. ROAD
P.O. AND P.S. FANCY BAZAR
GUWAHATI-781001 P.S. PANBAZAR
DIST-KAMRUP(M) ASSAM.
5:SRI BABULAL SUTRADHAR
SON OF LATE TARAKNATH SUTRADHAR
RESIDENT OF PAHARTOLI
P.O. KALAPAHAR GUWAHATI-781018
P.S. BINOVA NAGAR DISTRICT- KAMRUP(M)
ASSAM
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Advocate for the Petitioner : MR. S A SINGH, MR. R K BHUYAN,MR. M KASHYAP
Advocate for the Respondent : ,
BEFORE
HON'BLE MR. JUSTICE PARTHIVJYOTI SAIKIA
ORDER
20.08.2025 Heard Mr R K Bhuyan, the learned counsel appearing for the appellant.
2. The regular second appeal is admitted for hearing upon the following substantial questions of law:-
i) Whether examination of attesting witnesses to the sale deed are necessary under Section 68 of the Indian Evidence Act, when the executor of the sale deed has denied the execution?
ii) Whether solely on the basis of expert opinion (Forensic Report), it can be held due execution of the sale deeds, i.e., Exhibit-A and H, although the respondents have failed to prove the documents as provided under Section 68 of the Indian Evidence Act?
3. Issue notice to the respondents.
4. The appellant shall take steps for service of notice upon the respondents, by registered post with A/D.
5. Also call for the Trial Court Record.
6. List the matter after 4 (four) weeks.
JUDGE Comparing Assistant