SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2012 Supreme(J&K) 627

MUZAFFAR HUSSAIN ATTAR
Amina – Appellant
Versus
Raja & Ors. – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff:Mr. M. Ayoub Bhat, Advocate
For Respondents/Defendant:Mr. G.A. Lone, Advocate

Muzaffar Hussain Attar, J.—

1. Appellant instituted civil original suit in the trial court against the respondents praying therein that judgment and decree dated 5th February 1972 (the decree is in fact dated 22nd April 1975) and the compromise deed dated same date be declared as null and void and be set-aside. It was also prayed that decree for declaration be passed in favour of the plaintiff-appellant declaring her entitled to joint possession and ownership of the land measuring 9 kanal and 5 marlas. The suit was filed inter alia on the ground that mother of appellant-plaintiff Mst. Taja was given 9 kanals & 5 marlas of land under decree dated 5th February 1972 and at that point of time Mst. Taja was minor, the decree and judgment was appealed against before the 1st Appellate Court and on the basis of compromise deed, the Appellate Court passed decree dated 22nd April 1975 giving only 5 kanal to Mst. Taja, though she was minor when the compromise was entered into; the appeal having been filed against Mst. Taja a minor and proceedings have been conducted without appointing next friend for Mst. Taja who was minor, the decree dated 22nd April 1975 is thus nullity and the plaintiff-ap














Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top