GAHC010250452018 2025:GAU-AS:17389

THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : RSA/329/2018

NOWSHAD ALI AND 3 ORS

S/O LATE BASADDI, R/O VILL. DURAHATI, P.O. AND P.S. DHUBRI, DIST.

DHUBRI, PIN 783324, ASSAM

2: FULESWARI BIBI D/O LATE BASADDI

R/O VILL. DURAHATI P.O. AND P.S. DHUBRI

DIST. DHUBRI

PIN 783324

ASSAM.

3: ABUL HUSSAIN

S/O LATE BASADDI

R/O VILL. DURAHATI P.O. AND P.S. DHUBRI

DIST. DHUBRI

PIN 783324

ASSAM.

4: JAFAR SK.

S/O LATE BASADDI

R/O VILL. DURAHATI P.O. AND P.S. DHUBRI

DIST. DHUBRI

PIN 783324

ASSAM VERSUS

ALEP UDDIN AND 5 ORS

S/O LATE ISAMSUDDIN, R/O VILL. DURAHATI, P.O. AND P.S. DHUBRI, DIST.

DHUBRI, PIN 783324, ASSAM.

2:GOLAPUDDIN S/O LATE ISAMSUDDIN R/O VILL. DURAHATI P.O. AND P.S. DHUBRI DIST. DHUBRI PIN 783324 ASSAM.

3:GIASUDDIN S/O LATE ISAMSUDDIN R/O VILL. DURAHATI P.O. AND P.S. DHUBRI DIST. DHUBRI PIN 783324 ASSAM. 4:A.S.O.

DHUBRI CIRCLE

5:S.O.

DHUBRI DIST.

6:STATE OF ASSAM REPRESENTED BY ITS COLLECTOR DHUBR Advocate for the Petitioner : MS. R CHOUDHURY, MR D CHAKRABORTY,MS. S S ZIA Advocate for the Respondent : MR. P A AHMED (R1,R2,R3), MR G BHARADWAJ (R1,R2,R3)

BEFORE HON’BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND Advocates for the appellant : Ms. R. Choudhury Advocate for the respondents : Mr. G. Bharadwaj Date on which judgment is reserved : 16.09.2025 Date of pronouncement of judgment : 16.12.2025 Whether the pronouncement is of the operative part of the judgment : No.

Whether the full judgment has been pronounced : Yes.

JUDGEMENT AND ORDER (CAV)

Factual Matrix :-

1. This appeal was admitted on the following substantial question of Law:-

" whether the findings of the First Appellate Court are perverse on the face of the pleading and evidence of the plaintiff's witnesses.”

2. The appellants in this case are (i) Nowshad Ali, (ii) Fuleshwari Bibi, (iii)

Abul Hussain, and (iv) Jafar Sk, whereas, the respondents in this case are (i) Alep Uddin, (ii) Golap Uddin, and (iii) Gias Uddin.

3. The Title Suit No. 60/2012, was brought up by the appellants/plaintiffs contending inter alia that the deceased predecessor of the plaintiffs namely Basaddi Sk was the exclusive owner and recorded pattadar and was in possession of a parcel of land admeasuring 1B 4K 9L appertaining to Dag No. 147(old) 316(new); 82(old) 232(new) ; 138(old) 288(new); and 288(old) 130(new) under patta No. 94(old)

85(new) of Durahati Village under Dhubri Circle.

4. This plot of land is the subject matter of the suit and is described in the Schedule-B of the plaint. When the plaintiffs filed a petition before the learned A.S.O., Dhubri Circle, to get their names recorded, a Misc. Case being DM (Misc) Case 19/2010 was registered and the order dated 04.08.2010, was passed in favour of the plaintiffs 1 and 2 but the patta was wrongly entered as patta No. 16 instead of patta No. 94(old)

85(new) and the details are described in the Schedule-A of the plaint. Meanwhile, the defendant Nos. 1, 2 and 3/the present respondents filed Misc. Appeal No. 62/2010 in the Court of Defendant No. 5 i.e., S.O., Dhubri Circle against the order of the Defendant No. 4 i.e., A.S.O., Dhubri Circle. The Misc. Appeal No. 62/2010 was allowed and the order of the Defendant No. 4 was set aside. Nonetheless, the plaintiffs have brought up this suit that they have right, title, interest and possession over the Schedule-B land and the defendant Nos. 1, 2 and 3 have no right, title, interest and possession over the Schedule-A land.

5. It is contended that the defendant Nos. 1, 2 and 3 have taken the plea that the sale deed No. 2245/59 was executed by one, Kaser Uddin with respect to the suit land and the said sale deed is forged and fraudulent and is not related to the suit land. However, defendant Nos. 1, 2 and 3 attempted to take possession of the suit land by demolishing the houses of the plaintiffs and to that effect, a criminal case was also filed against the defendant Nos. 1, 2 and 3, and simultaneously this suit was also filed for right title interest, confirmation of po