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Formulating the Substantial question of law under the Section 100 of Code of Civil Procedure, 1908: Gauhati High Court

The Appeal under the Section 100 of the Code of Civil Procedure Challenging the judgement passed by the Civil Judge in the three Substantial questions of law. The question of law to be framed as a substantive question of law for the purpose of instance situation held by the Hon’ble Gauhati High Court before the HON’BLE MR. JUSTICE DEVASHIS BARUAH in the matters of MD. SAFIR ALI AND ORS V. MD. RAHIM AND ORS[RSA/302/2018].

The background of the case arises, from the plaintiff had purchased in total an Area of 1 Katha 16 Lechas of land and Defendant made allegations to dispossess the Plaintiff from the Schedule-Kha Land. The suit was filled to seek the declaration of Plaintiff right over the Schedule-Kha land, recovery of khas possession in the land and permanent injunction. In the plaint specifically mentioned that the Vendor of the plaintiff by their Wakf nama transferred the land to the Masjid Committee. The plaintiff exhibited the Ext-kha in the Title Suit perused the schedule land mentioned in the Wakf nama.

The Principle of law while framing the substantial question of law seeing the question of law involving such case has a foundation laid down in the pleadings and the question should emerge from the substantial question of fact arises by the court of facts. The Defendant claiming the rights basis of being allowed to possess mentioned in Wakf Nama, further to that there is not even a plea to the effect in the written statement that the Schedule-Kha land falls within the ambit if Ext-Kha. The next question of law urging to formulate whether the declaration of right, title and interest of the plaintiffs over the suit land without providing the source of the title of the Vendors and whether the finding is based on no evidence and pleading.

The Hon’ble Court has duly taken into consideration the relevant principles of law while appreciating the deeds of sale. ‘The Masjid Committee hasn’t come before the court or not challenged the legality and validity of the sale deed. Under such circumstance, the said question of law, which is soughed to be formulated cannot be substantial question of law for disposal’.

Click here to read the Judgement.

Judgement reviewed by – kaviya s.

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