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2008 Supreme(Pat) 760

S.N.HUSSAIN
Syed Hassan Francis Imam – Appellant
Versus
Muzaffarpur Properties Pvt. – Respondent


Judgment

1. All the aforesaid three civil revisions were heard together and are being decided by this common order as they arise out of the same suit bearing Title Suit No. 262 of 1991 and all the revisions have been filed by the same person, namely Syed Hassan Francis Imam, who is plaintiff no.2 in the suit, challenging different parts of the same impugned order dated 06.06.2005 passed by learned 7th Subordinate Judge, Patna.

2. The aforesaid suit was originally filed by one Shamim Amna Imam, daughter of late Syed Mehdi Imam against only defendant-opposite parties no.1 and 2 claiming that the suit property, generally known as Shantiniketan (holding no. 542) over 23 kathas of land surrounded by boundary wall situated at Frazer Road, P.S. Kotwali, Town and District Patna, originally belonged to her grand father late Syed Hassan Imam, who dedicated it along with his other properties to waqf-alal-aulad by Waqfnama dated 28.04.1931 and, thereafter, it was registered as a Waqf. After the death of said Syed Hassan Imam a dispute arose between his son (Syed Mehdi Imam) and daughters from his first wife on one hand and on other hand his second wife Mrs. Nattie Imam and her son Syed Askari H











































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