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2018 Supreme(SC) 979

R.BANUMATHI, INDIRA BANERJEE
MOHD. SAHID – Appellant
Versus
RAZIYA KHANAM (D) THR. LRs – Respondent


JUDGMENT

R. BANUMATHI, J.

Leave granted.

2. This appeal arises out of the order dated 15.10.2015 passed by the High Court of Judicature at Allahabad in Second Appeal No.819 of 2015 in and by which the High Court affirmed the order of the First Appellate Court dismissing the application filed under Section 5 of the Limitation Act and declining to condone the delay of 349 days in filing the appeal.

3. Respondent No.1-Raziya (since dead) filed a Civil Suit No.591 of 1979 against the appellants No.1 to 3 for cancellation of sale deeds dated 17.02.1979 and 17.05.1979 in favour of the appellants and for relief of permanent injunction against them over the suit land. Respondent No.1-Raziya (since dead) contended that appellants No. 1 to 3 forged documents and executed a bainama of the suit property in their favour on 17.02.1979. Some part of the suit property was also sold to appellant No.4-Mahesh by sale deed dated 17.05.1979. The respondents resisted the suit contending that respondent No.2-Hadisunnissa executed a Hibanama in favour of respondent No.1-Raziya Khanam (since dead) on 27.02.1979 of her properties and building situated in the village Nadva Khas and Revri Dihi and other villa


























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