Supreme Court · 1995 INSC 821 · Decided 1 December 1995
MD. Noorul Hoda v. Bibi Raifunnisa and ORS.
- Court
- Supreme Court of India
- Citation
- 1995 INSC 821 · [1995] SUPP. 6 S.C.R. 110
- Case number
- SPECIAL LEAVE PETITION (CIVIL) No. 25847/1995
- Decided
- 1 December 1995
- Bench
- K. RAMASWAMY, B.N. KIRPAL (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Transfer of Property Act Section 3, 55(1); Limitation Act; Specific Relief Act Section 31
Headnote
Limitation Act 196rArticle 59 of the Schedule-Applicability of-X not party to a decree-Claims title through Y who was a party to the decree-­ Suit by X for setting aside the decree-If Article 59 is applicable. Specific Relief Act, 196rSection JI-Person-Meaning of-Whether includes person S 55(1)-Constrnctive notice-,--Meaning of The petitioner had bought the suit land benami in the name of one R (who was his brother-in-law) on December 1,1959. The respondents filed suit No. 220/69 for partition of the suit land. A preliminary decree was passed in the said suit on January 22, 1973
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