Gauhati High Court
Anowaruddin Wakf Estate vs Musstt Sahera Khatoon And 7 Ors on 7 September, 2021
Page No.# 1/4
GAHC010129892021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : CRP/48/2021
ANOWARUDDIN WAKF ESTATE
REPRESENTED BY SYED JAVED KAISAR, THE NEWLY APPOINTED
MUTUWALLI PURSUANT TO THE DEATH OF THE EARLIER MUTUWALLI,
SYED NASIRUDDIN ULLAH ON 10.06.2021 SITUATED AT GUWAHATI
MEDICAL COLLEGE ROAD, BHANGAGARH, GUWAHATI, 781005, DIST
KAMRUP M ASSAM
VERSUS
MUSSTT SAHERA KHATOON AND 7 ORS
W/O LATE ABDAR ALI AND RESIDENT OF GMC ROAD, ANOWARPUR,
BHANGAGARH, GUWAHATI 781005, DIST KAMRUP (M) ASSAM
2:MUSSTT. NAZIMA YASMIN
D/O LATE ABDAR ALI AND RESIDENT OF GMC ROAD
ANOWARPUR
BHANGAGARH
GUWAHATI 781005
DIST KAMRUP (M) ASSAM
3:MUSSTT. NASIMA YASMIN
D/O LATE ABDAR ALI AND RESIDENT OF GMC ROAD
ANOWARPUR
BHANGAGARH
GUWAHATI 781005
DIST KAMRUP (M) ASSAM
4:MD. ATAUR RAHMAN
S/O LATE ABDAR ALI AND RESIDENT OF GMC ROAD
ANOWARPUR
BHANGAGARH
GUWAHATI 781005
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DIST KAMRUP (M) ASSAM
5:MD. AFZAL HUSSAIN
S/O LATE ABDAR ALI AND RESIDENT OF GMC ROAD
ANOWARPUR
BHANGAGARH
GUWAHATI 781005
DIST KAMRUP (M) ASSAM
6:SRI JATINDRA SHARMA
FATHERS NAME UNKNOWN
C/O M. TRON ELECTRONIC
GMC ROAD
ANOWARPUR
BHANGAGARH
GUWAHATI 781005
DIST KAMRUP (M) ASSAM
7:SRI DIGEN THAKURIA
FATHERS NAME UNKNOWN
C/O BHAI BHAI STORE
GMC ROAD
ANOWARPUR
BHANGAGARH
GUWAHATI 781005
DIST KAMRUP (M) ASSAM
8:SRI BADRI PRASAD SHARMA
FATHERS NAME NOT KNOWN
C/O PANKAJ BASTRALAYA
GMC ROAD
ANOWARPUR
BHANGAGARH
GUWAHATI 781005
DIST KAMRUP (M) ASSA
Advocate for the Petitioner : MR. D BARUAH
Advocate for the Respondent :
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BEFORE
HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
ORDER
07-09-2021
Heard Shri D. Baruah, learned counsel for the petitioner.
The petitioner who is the landlord had instituted a Suit for
declaration as well as for ejectment of the tenant / defendant.
One of the issues in the said Suit was limitation which has
been decided against the present petitioner vide a Judgment and
Order dated 26.07.2010 passed by the learned Munsiff No. 2,
Kamrup (M) in Title Suit No. 386 /2010.
Being aggrieved, the petitioner had preferred Title Appeal No.
66/2011 before the Civil Judge No. 1, Kamrup (M). The First
Appellate Court however vide Judgment & Order dated 04.09.2019
has dismissed the appeal and affirmed the finding of the Trial Court.
Being aggrieved, the present Revision Petition has been filed.
The learned counsel has submitted that the findings on the
point of limitation is not sustainable in law in view of the judgment
passed by a 7 Judges Bench of the Hon'ble Supreme Court in the
case of V. Dhanapal Chettiar vs. Yesodai Ammal reported in
(1979) 4 SCC 214.
It is submitted that mere institution of a Suit does not amount
to determination of the tendency and such determination is only
when a Decree is passed by the Court.
The issue raised would require some deliberation.
Admit.
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Call for the records.
Steps be taken for issuance of notice upon the respondents by
registered post with A/D.
Steps within 2(two) days.
List this matter after 4(four) weeks along with the Service
Report.
JUDGE
Comparing Assistant
