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IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
DEVASHIS BARUAH
On the Death of Rajab Ali His Legal Heirs Namely: Habiza Khatun – Appellant
Versus
Fatema Khatun W/o Md. Surhab Ali – Respondent
JUDGMENT :
DEVASHIS BARUAH, J.
1. Heard Mr. RK Bhuyan, the learned counsel appearing on behalf of the appellant. Mr. L Mohan, the learned counsel appears on behalf of the respondents.
2. This is an appeal filed challenging the judgment and decree dated 07.10.2023 passed in Title Appeal No. 14/2019 passed by the learned Civil Judge (Senior Division), Morigaon (hereinafter to be referred to as, “the learned First Appellate Court”) whereby the judgment and decree dated 05.08.2019 passed by the Court of the learned Civil Judge (Jr. Division) No.1, Morigaon (hereinafter to be referred to as, “the learned Trial Court”) in Misc (J) Case No.7/2016 arising out of Title Execution Case No.16/2015 was confirmed.
3. The instant appeal is being taken up at the stage of Order XLI, Rule 11 of the Code of Civil Procedure, 1908 (for short, the Code) to ascertain as to whether in the instant appeal there are substantial questions of law which can be formulated in terms of Section 100 (4) of the Code. For ascertaining the said aspect, this Court finds it relevant to take note of the brief facts which led to the filing of the instant appeal.
4. One Kanak Chandra Sarma, who has been arrayed as the respondent
Legal heirs of a deceased tenant must be included in execution proceedings; failure to prove relationship or rights results in dismissal of appeal.
Tenancy claims under the Assam Tenancy Act must adhere to statutory provisions, and civil courts have jurisdiction when administrative processes violate due diligence.
Tenancy rights established under the Assam (Temporarily Settled Areas) Tenancy Act, 1971 take precedence over invalid claims based on improper sale deeds.
The court ruled that framing additional issues after arguments is lawful if it aids in resolving the matter, and failure to substantiate claims regarding tenancy rights led to dismissal of the appeal....
Ownership claims through tenancy do not equate to legal possession under the Civil Procedure Code, impacting the maintainability of applications for adjudication.
The executing court cannot re-evaluate settled issues or entertain objections based on the merits of the original case; it must execute the decree as it stands.
The trial court's dismissal of the suit was upheld, emphasizing that the plaintiffs had alternative remedies under the Code of Civil Procedure, making the suit not maintainable.
Not only a decree-holder or a purchaser but also a third party can complain of resistance and obstruction to the decree for execution and this aspect is clear from the caption "Resistance to delivery....
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