4: Masfika Begum vs Legal Heirs Of Rashid Hussain
2023 Latest Caselaw 787 Gua

                                                              Page No.# 1/4

GAHC010034732016




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

                          Case No. : RSA/10/2023

         ON THE DEATH OF LATE DHAN KHAN, HIS LEGAL HEIRS SAIRA BEGUM
         AND ORS
         W/O LATE DHAN KHAN,
         RO NIZ TENGAKHAT GAON,
         MOUZA AND PS TENGAKHAT,
         DISTRICT - DIBRUGARH, ASSAM,
         PIN 786103

         1.1: RINA BEGUM
          D/O LATE DHAN KHAN

         RO NIZ TENGAKHAT GAON
         MOUZA AND PS TENGAKHAT
         DISTRICT - DIBRUGARH
         ASSAM
         PIN 786103

         1.2: RAMJAN KHAN
          S/O LATE DHAN KHAN

         RO NIZ TENGAKHAT GAON
         MOUZA AND PS TENGAKHAT
         DISTRICT - DIBRUGARH
         ASSAM
         PIN 786103

         1.3: ISLAM KHAN
          S/O LATE DHAN KHAN

         RO NIZ TENGAKHAT GAON
         MOUZA AND PS TENGAKHAT
         DISTRICT - DIBRUGARH
         ASSAM
         PIN 786103
                                                                     Page No.# 2/4


            1.4: MASFIKA BEGUM
             D/O LATE DHAN KHAN

            RO NIZ TENGAKHAT GAON
            MOUZA AND PS TENGAKHAT
            DISTRICT - DIBRUGARH
            ASSAM
            PIN 78610

            VERSUS

            LEGAL HEIRS OF RASHID HUSSAIN , AMINA KHATUN AND ORS
            W/O LATE RASHID HUSSAIN,
            RO NIZA TENGAKHAT GAON,
            MOUZA- 7 ,PS TENGAKHAT, DISTRICT DIBRUGARH, ASSAM, PIN 786103

            1.1:REYAZ HUSSAIN
             S/O LATE RASHID HUSSAIN
             RO NIZA TENGAKHAT GAON
             MOUZA- 7
            PS TENGAKHAT
             DISTRICT DIBRUGARH
            ASSAM
             PIN 786103

            1.2:MANIMA BEGUM
             D/O LATE RASHID HUSSAIN
             RO NIZA TENGAKHAT GAON
             MOUZA- 7
            PS TENGAKHAT
             DISTRICT DIBRUGARH
            ASSAM
             PIN 786103

            1.3:ABIDA BEGUM
             D/O LATE RASHID HUSSAIN
             RO NIZA TENGAKHAT GAON
             MOUZA- 7
            PS TENGAKHAT
             DISTRICT DIBRUGARH
            ASSAM
             PIN 78610

Advocate for the Petitioner   : MR.P S DEKA

Advocate for the Respondent : MR. A K GUPTA
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                                     BEFORE
               THE HON'BLE MR JUSTICE ARUN DEV CHOUDHURY
                                ORDER

27. 02. 2023

Heard Mr. BK Bhagawati, learned counsel for the appellants. Also heard Mr. AK Gupta, learned counsel for all the respondents.

The present appeal is against the judgment and order dated 10.09.2015 passed in TA No. 07/2010 by the learned Civil Judge, Dibrugarh whereby the judgment and decree passed by the learned trial court dated 04.01.2010 in TS No. 19/2008 was affirmed.

This second appeal is admitted on the following substantial questions of law.

I. Whether both the courts below wrongly interpreted the provision of Article 65 of Limitation Act, 1963, and dismissed the counter claim of defendant as time barred, although the cause of action of counter claim is within the period of limitation?

II. Whether the learned court below committed perversity in deciding the point of limitation of the suit inasmuch as the suit was barred under Article 56, 58, 59 and 64 of the Limitation Act as the plaintiff has admitted at paragraph 5 of the plaint his knowledge of alleged fraud immediately after execution of the sale deed in the year 1983?

Call for the records.

Issue notice, returnable after four weeks.

As Mr. AK Gupta, learned counsel accepts notice on behalf of all the Page No.# 4/4

respondents, no formal notice needs to be issued. However, extra copy be furnished to him.

JUDGE

Comparing Assistant