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.

Table of Content
1. jurisdiction and hearing process. (Para 1 , 2)
2. factual background of property ownership. (Para 5 , 6)
3. defenses raised by the defendants. (Para 7 , 10)
4. admissibility of documentary evidence. (Para 11 , 12 , 13 , 14 , 15)
5. conditions for secondary evidence admissibility. (Para 16 , 18)
6. remand to trial court for fresh decision. (Para 19)
7. order for appeal and expeditious resolution. (Para 20 , 21 , 22 , 23)

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 i