Md Tayab Ali vs On The Death Of Naimuddin His Legal Heirs Namely, Sri Babur Ali

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Gau) 96

IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
SANJEEV KUMAR SHARMA
Md Tayab Ali – Appellant
Versus
On The Death Of Naimuddin His Legal Heirs Namely, Sri Babur Ali – Respondent

Advocates Appeared:
For the Appellant : Ms. R. Choudhury, Adv.
For the Respondent: Mr. D. Kalita, Adv.

JUDGMENT :

Sanjeev Kumar Sharma, J.

1. Heard Ms. R. Choudhury, learned counsel for the appellants, and Mr. D. Kalita, learned counsel for the respondents.

2. This Regular Second Appeal is directed against the Judgment & Decree dated 30.06.2015, passed by the learned Civil Judge, Dhubri, in Title Appeal No. 60/2008, affirming the Judgment & Decree dated 30.08.2008 passed by the Munsiff No. 1, Dhubri in Title Suit No. 189/93, thereby dismissing the appeal on contest.

3. At the time of admission, the following substantial questions of law were framed:-

(i) Whether the learned Courts below committed error in holding the Exts. 1 and 2 are inadmissible although the same were brought on record without objection?

(ii) Whether the learned Courts below committed error in not declaring the right, title and interest of the plaintiff over the suit land on the basis of the proved document?

4. Before dealing with the aforesaid questions, it would be apposite to briefly advert to the facts of the case.

5. The plaintiffs/appellants have pleaded that one Kharia Sk, the predecessor in interest of the plaintiffs as well as the defendant no: 1 and 2 and the pro forma defendants owned and possessed a plot of la