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september 2008

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.

Murtaza Jahan @ Mussarrat Jhan Begum vs Mohan Chandra Tamta & Ors · Niyam