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MANISH CHOUDHURY
Md. Yasin Ali, S/o. Late Innus Ali – Appellant
Versus
State of Assam, Represented by the Secretary to the Government of Assam, Home Department – Respondent
JUDGMENT :
Heard Mr. Y. Sikdar, learned counsel for the petitioners; Mr. K. Gogoi, learned Additional Senior Government Advocate, Assam for the respondent nos. 1-6; and Mr. R. Sensua, learned counsel for the respondent nos. 7-14.
2. The 2 [two] petitioners have claimed that they are the legal heirs of Late Innus Ali and Late Sakina Begum, who were their father and mother respectively.
2.1. The respondent nos. 7-18 are impleaded in the capacities of legal heirs of one Late Abdul Azid. While the respondent no. 7 is the wife of Late Abdul Azid, the respondent nos. 8, 9 & 10 are the sons of Late Abdul Azid. The respondent no. 12 is the daughter of Late Abdul Azid while the respondent nos. 11, 13 & 14 are the grand-children of Late Abdul Azid.
3. The issue in this writ petition revolves around a plot of land measuring 2 Bighas, covered by Dag no. 312 and Periodic Patta no. 99, located in Village – Samatapathar, Mouza – Sonapur, Revenue Circle – Sonapur, within the Kamrup Metropolitan district [hereinafter referred to as ‘Plot no. 1’, for brevity].
4. The case projected by the 2 [two] petitioners, as per the pleadings made in the writ petition, is as follows :
4.1. The family of the petitioner
The jurisdiction under Article 226 of the Constitution is not meant for adjudicating disputed questions of title, and a regular suit is the proper remedy for settlement of disputes relating to proper....
The plaintiffs cannot claim a mere declaration of title without seeking further relief for possession, as stipulated by Section 34 of the Specific Relief Act, rendering the suit not maintainable.
Point of law: The principle of lis pendens is still settled principle of law. In this connection, the Full Bench of the Allahabad High Court in Ram Peary, AIR 1978 All 318] has considered the scope o....
Possession must be adverse and hostile to establish adverse possession; mere long-term possession does not equate to legal title without evidentiary support.
The need for a fair consideration of evidence and the requirement for the Government to disclose crucial evidence in land dispute cases.
Point of Law : Court cannot go beyond the decree and has to execute the decree as it is and the legality or validity of the decree cannot be the subject matter
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