Supreme Court of India · 2008-09-01
Murtaza Jahan @ Mussarrat Jhan Begum vs Mohan Chandra Tamta & Ors
- Court
- Supreme Court of India
- Petitioner
- Murtaza Jahan @ Mussarrat Jhan Begum
- Respondent
- Mohan Chandra Tamta & Ors
- Bench
- Cyriac Joseph, S.B. Sinha
Judgment text excerpt
The Supreme Court held that the High Court erred in applying Article 65 of the Limitation Act, 1963, regarding the dispossession of the plaintiff in February 1964, as the suit was filed in 1969. The Court found that the First Appellate Court's findings of fact were improperly interfered with, necessitating a remand for fresh consideration of the Second Appeal. The judgment was set aside, and the High Court was directed to formulate substantial questions of law and expedite the hearing within six months.