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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
MRIDUL KUMAR KALITA
Md. Mokbul Hussain, S/o-Late Kamaruddin – Appellant
Versus
Md. Jalal Uddin @ Jamaluddin, S/o-Late Kamaruddin – Respondent
| Table of Content |
|---|
| 1. factual background of land ownership and dispute. (Para 2 , 3 , 4 , 5 , 6 , 8) |
| 2. procedural aspects of the appeal and substantial question. (Para 9 , 10 , 11) |
| 3. arguments related to production of evidence. (Para 12 , 13 , 19) |
| 4. legal validity of oral gifts and sale deeds. (Para 14 , 20 , 26) |
| 5. application of legal principles and maintaining concurrent findings. (Para 22 , 23 , 30) |
| 6. final decision with directions. (Para 31 , 32 , 33) |
JUDGMENT :
MRIDUL KUMAR KALITA, J.
[1] Heard Mr. M.U. Mahmud, the learned counsel for the appellants. Also heard Ms. R. Choudhury, the learned counsel for the respondents.
[2] This appeal under Section 100 of the Code of Civil Procedure, 1908 has been preferred by the appellants, namely, 1. Md. Mokbul Hussain and 2. Abzol Hussain impugning the judgment and decree dated 12.03.2018, passed by the learned Civil Judge, Bongaigoan, Assam in Title Appeal No. 11/2014, whereby the appeal preferred by the appellant No.1 was dismissed and the judgment and decree dated 18.01.2014, passed by the court of the learned Munsiff, North Salmara, Abhayapuri in Title Suit No. 15/2007 was upheld.
[3] The facts relevant for consideration of the instant appea
Concurrent findings of the trial court and first appellate court are binding unless demonstrated to be perverse; appeals under Section 100 cannot disturb established facts without substantial questio....
The appellant failed to prove her possession over the suit properties. The lower Appellate Court rightly held that under Section 178(A) of the MP Land Revenue Code, she has no right to claim any shar....
The legal point established is the validity of the sale deed and the rights of legal heirs under Mohammedan Law.
The court reaffirmed that a sale deed executed for family and legal necessity by a joint family member is binding, barring challenge by family members after significant delay without sufficient cause....
The court confirmed that adverse possession can secure title even against invalid transfer documents, provided uninterrupted possession exceeds 12 years and is public, emphasizing the significance of....
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