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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
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 appeal, in brief, are that a plot of land measuring 41 Bighas 1 Katha and 5 Lechas situated in village Nayagaon, under Bijni Revenue Circle was jointly owned by one Sahabuddin Miah and Kamaruddin Shekh. Late Sahabuddin Miah was issueless so he adopted one Ismail Hussain as his foster son during his life time and gave 5 Bighas of land out of the aforesaid land (fully described in Schedule “A” of the plaint) to him. After deducting the aforesaid 5 Bighas of l
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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....
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The main legal point established is that in a dispute over a sale deed, the plaintiff must establish a clear and specific identity of the land to prove a better title than the defendant.
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