RSA 94/2007. Gauhati High Court

Case NumberRSA 94/2007
Judgement DateMay 16, 2019
CourtGauhati High Court

IN THE GAUHATI HIGH COURT

( THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)

PRINCIPAL SEAT

RSA No. 94/ 2007

  1. Musssamat Amirun Nessa,

    Wife of Late Safiquir Rahman

  2. Hilal Uddin,

    Son of late Mosadar Ali,

    Both are residents of Village & Pargana- Laxmirbond Part-I,

    P.S. and District- Hailakandi, Assam.

    ……. Appellants/ Defendants. -Versus-Md. Habib Ali,

    Son of late Arab Ali Laskar,

    Resident of Village & Pargana- Borjurai,

    P.S. and District- Hailakandi, Assam.

    ……. Respondent/ Plaintiff.

    Advocate for the appellants: Mr. S.C. Keyal, Mr. SK Ghosh,

    Mr. S.P. Choudhury,

    Advocates.

    Advocate for the respondent : None appears

    - B E F O R E –

    HON’BLE MR. JUSTICE PRASANTA KUMAR DEKA

    Date of hearing : 16.05.2017

    Date of judgment & order : 16.05. 2017

    JUDGMENT & ORDER (ORAL)

    Heard Mr. S.K. Ghosh, learned counsel appearing on behalf of the appellants. So far the respondent is concerned, vide order dated 24.9.2010, this court held that notice served on the respondent is deemed to have been properly done. Accordingly, the matter is taken up for hearing.

    2] The present appellants are the defendants in T.S. No. 31/ 2004 in the court of the learned Civil Judge, (Senior Division), Hailakandi which was preferred by the respondent/ plaintiff claiming his right, title and interest by way of inheritance over the suit property left behind by his brother i.e. husband of the present appellant No. 1. The plaintiff/ respondent and the

    husband of the defendant/ appellant No. 1 were the owners of the land measuring 35 Bighas, 12 Khatas 1 Chatak under different dag and patta numbers described in schedule 1 of the plaint. By way of a registered partition deed dated 7.10.1988, both the said brothers partitioned the said properties. By way of the said partition, three kedars of land was given to the plaintiff/ respondent and remaining land thereof was divided into two equal shares between both the brothers. The plaintiff/ respondent got his share of the land described in schedules 2 and 4 of the suit land and the deceased brother Safiqur Rahman got his share described in schedules 3 and 5 of the plaint.

    3] During the life time of the said Safiqur Rahman, he transferred land by way of gift deed and sold the same to the present appellant No. 1 and his foster son, the present appellant No. 2. During his life time, the said brother Safiqur Rahman also purchased some land and finally his share stood at 10 Bighas 9 Khatas 7 Chataks 10 Gandas. The said Safiqur Rahman died on

    26.12.2000 leaving behind his wife, the present appellant No. 1 as the sole heir for the purpose of inheritance of the property left behind by said Safiqur Rahman under Mohammedan Law. The plaintiff respondent is entitled to 3/4th share out of the total land left behind by Safiqur Rahman which comes to 7 Bighas 17 kathas 12 chataks 10 gandas of land and also the appellant No. 1 is entitled to inherited 1/4th share which comes to 2 Bighas 12 Khatas 5 chataks 10 gandas of land. The inherited portion of the land by the plaintiff/ respondent has been shown in schedule 6 of the plaint and the share of the plaintiff/...

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