Empire And Singlo Tea Limited vs On The Death Of Abdul Subhan
2022 Latest Caselaw 3412 Gua

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GAHC010121332020




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

                                Case No. : RSA/136/2022

            EMPIRE AND SINGLO TEA LIMITED
            (PRESENTLY KNOWN AS APEEJAY SURENDRA CORPORATE SERVICES
            PVT. LTD. AND PREVIOUSLY IT WAS KNOWN AS SINGLO INDIA TEA
            COMPANY LIMITED). A COMPANY INCORPORATED UNDER THE
            COMPANIES ACT HAVING ITS REGISTERED OFFICE AT APPEJAY HOUSE,
            15 PARK STREET, KOLKATA AND A OFFICE AT SUFFRY, CHARAIDEO AND
            REP. BY ITS AUTHORIZED SIGNATORY SRI SOMNATH NANDI, MANAGER,
            SUFFRY TEA ESTATE, P.O. SUFFRY, DIST.- CHARAIDEO, PIN- 785689.

            VERSUS

            ON THE DEATH OF ABDUL SUBHAN, HIS LEGAL HEIRS MUSSTT. SAJIDA
            HAQUE AND 2 ORS
            W/O LATE ABDUL SUBHAN
            /O- RANGA PATHAR GAON, ABHAYPUR, P.O. SUFFRY, DIST.- CHARAIDEO,
            PIN- 785689.

            2:MD. SAMIM AHMED
             S/O- LATE ABDUL SUBHAN
             R/O- RANGA PATHAR GAON
            ABHAYPUR
             P.O. SUFFRY
             DIST.- CHARAIDEO
             PIN- 785689.
            3:MD. SABIR AHMED
             S/O- LATE ABDUL SUBHAN
             R/O- RANGA PATHAR GAON
            ABHAYPUR
             P.O. SUFFRY
             DIST.- CHARAIDEO
             PIN- 785689
Advocate for the Petitioner : S N SARMA

Advocate for the Respondent :

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BEFORE HON'BLE MR. JUSTICE DEVASHIS BARUAH 07.09.2022 Heard Mr. R. Ali, the learned counsel for the appellant.

This is an appeal under Section 100 of the Code of the Civil Procedure, 1908 challenging the judgment and decree dated 30.11.2019 passed in Title Appeal No.10/2018 whereby the judgment and decree dated 28.11.2019 passed in Title Suit No.34/2006 (new) 36/1988 (old) was affirmed.

The learned counsel for the appellant, at the outset, submits that this is a suit filed under Section 6 of the Specific Relief Act, 1963.

Taking into account that the suit was under Section 6 of the Specific Relief Act, 1963, there is a bar in preferring an appeal against such judgment passed in such proceedings. Under such circumstances, the appeal so filed being Title Appeal No.10/2018, on the face of it, was not maintainable.

Consequently, the instant appeal so filed under Section 100 of the CPC is also not maintainable.

In that view of the matter, the instant appeal stands dismissed as there arises no substantial question of law.

Taking into account that the said judgment passed in Title Suit No.34/2006 is a judgment in a proceeding under Section 6 of the Specific Relief Act, 1963, the appellant would be at liberty to prefer a suit based on title subject to the same being permissible as per law.

JUDGE

Comparing Assistant