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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
MITALI THAKURIA
Md. Nizamul Hoque @ Mizamul Hoque S/o Late Abed Ali – Appellant
Versus
Md. Bazlur Rahman @ Baznur Rahman S/o Late Abed Ali – Respondent
JUDGMENT :
MITALI THAKURIA, J.
1. Heard Mr. M.K. Choudhury, learned counsel for the appellant and Mr. B.D. Goswami, learned counsel for the respondent.
2. This is an appeal under Section 96 of the CPC for setting aside the judgment and decree dated 20.12.2016, passed in Title Suit No. 08/2014 by the learned Civil Judge, Darrang, Mangaldai decreeing the suit.
3. The brief facts of the case is that the respondent as plaintiff instituted a Title Suit No.08/2014 before the learned Civil Judge, Darrang, Mangaldai for declaration of right, title and possession over the C Schedule land for separate Patta of C Schedule land, permanent injunction, restraining the defendant/appellant, his agents dispossessing the plaintiff or interfering in their peaceful possession and also prayed for issuance of preliminary decree for partition of A Schedule land into two equal shares and after equalizing the shares of the plaintiff, half of the Schedule A land be given to the plaintiff/respondent and other half may be given to the defendant/appellant by appointing an Amin Commission.
4. After receiving the summons in said case, the defendant/respondent appeared through their engaged counsel and also filed th
The court ruled that an ex parte decree is defective and non-executable; both parties must have the opportunity to present their claims and evidence in a partition dispute involving jointly owned pro....
The applicability of the Hindu Succession Act, 1956 to parties belonging to the Scheduled Tribe Community and the principles governing the partition of ancestral properties among co-sharers.
The main legal point established is that the scope of partition as per the preliminary decree was limited to the specified property and did not extend to the building, which was found to be outside t....
Earlier partition decrees are binding on heirs unless substantial rights are violated; amendments in succession laws do not retroactively affect holdings from prior valid decrees.
Property disputes necessitate substantive evidence from both parties, and failure to present evidence may result in adverse inferences against the non-compliant party.
Point of Law : Civil Law – Suit for partition - Unauthorised occupant of a Government land - Possession is not title only against those who are having better right or title. Possessory title is herit....
An appellate court cannot modify parts of a decree not challenged in the appeal; the executing court retains authority to enforce such unchallenged decrees.
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