Jalaluddin Ali S/o Late Rahizuddin Ali vs Manju Begum

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Gau) 420

DEVASHIS BARUAH
Jalaluddin Ali S/o Late Rahizuddin Ali – Appellant
Versus
Manju Begum – Respondent

Advocates:
Advocate Appeared:
For the Appellant :Mr. Z. Mukit, Advocate.
For the Respondents:Mr. R. Ali, Advocate.

Judgement Key Points

Unchallenged evidence is considered to be accepted as true and reliable, as it has not been disputed or contradicted through cross-examination or specific denial. When evidence is not effectively challenged by the opposing party, it generally holds significant weight in establishing facts and can be used as a basis for the court's findings. In the context of legal proceedings, such evidence can be relied upon to support claims, demonstrate conduct, or affirm the existence of certain facts, provided that procedural requirements and rules of evidence are satisfied (!) (!) (!) (!) .

JUDGMENT :

Heard Mr. Z. Mukit, the learned counsel for the appellant and Mr. R. Ali, the learned counsel appearing on behalf of the respondents.

2. This is an appeal under Section 96 read with Order XLI Rule 1 of the Code of Civil Procedure, 1908 (for short, the CPC) against the judgment and decree dated 23.04.2018 passed by the Court of the Civil Judge, Kamrup at Amingaon in Title Suit No. 84/2015.

3. For the purpose of deciding the instant appeal, the brief facts of the case may be taken into account. For the sake of convenience, the parties herein are referred to in the same status as they were in the suit.

4. The predecessor-in-interest of the plaintiffs one Insan Ali (since deceased) had entered into an agreement for sale of land with the defendant on 24.04.2010. The subject matter of the said agreement for sale was a plot of land measuring 1 Bigha covered by Dag No. 906 of KP Patta No. 55 situated at Village-Koch Para (Mirza) under Mouza-Chayani in the district of Kamrup, Assam. The said plot of land has been specifically described in the Schedule of the plaint. As per the

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2022 Supreme(Gau) 420

DEVASHIS BARUAHJalaluddin Ali S/o Late Rahizuddin Ali – AppellantVersusManju Begum – Respondent

Cases Referred (5)

DEVASHIS BARUAH
Jalaluddin Ali S/o Late Rahizuddin Ali – Appellant
Versus
Manju Begum – Respondent