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Showing posts from July, 2014

Once the title is proved - no need to establish that the plaintiff was in possession with in 12 years as per Art.65 of Limitation Act - since the suit was filed with in 3 years, when the suit was filed - Defendants denied as Tenant - being trespassers - their possession never debar the plaintiff to claim possession of the property - Muslim Law of inheritance- Therefore I hold that the plaintiffs have established that Smt.Qamarunissa Begum is the owner of item No.1 house. After her death under Ex.A16 dt.6.8.1981, there is relinquishment by sisters of 1st plaintiff of their 4/5th share therein in her favour. Since Syed Ahmad Hussain had died during the life time of Smt. Qamarunissa Begum, his legal heirs would not get any share as per Muslim personal law =Smt. Siddiquinissa Begum,Died per LRs petitioners and othersAppellants/Defendant No.5 Smt. Shamsunnissa Begum (died)Per LRs and othersRespondents/Defendants = 2014-July - Part - http://judis.nic.in/judis_andhra/filename=11588

Once the title is proved - no need to establish that the plaintiff was in possession with in 12 years as per Art.65 of Limitation Act - since the suit was filed with in 3 years, when the suit was filed - Defendants denied as Tenant - being trespassers - their possession never debar the plaintiff to claim possession of the property -  Muslim Law of inheritance-  Therefore I hold that the plaintiffs have established that Smt.Qamarunissa Begum is the owner of item No.1 house.  After her death  under Ex.A16 dt.6.8.1981, there is relinquishment by sisters of 1st plaintiff of their 4/5th share therein in her favour. Since Syed Ahmad Hussain had died during the life time of Smt. Qamarunissa Begum, his legal heirs would not get any share as per Muslim personal law =

(i) declare that she is the absolute owner of these
properties;
(ii) for recovery of possession thereof from the
appellants/defendants;
(iii)  for past mesne profits of Rs.3,600/-
against the person and properties of defendant Nos…

Tax Bill Collectors falsely implicated in ACB case - trial court failed to consider the defence plea with out justifiable reasons - pending trail complainant died - Trial court convicted the accused - their lordships of High court held that the trial court wrongly rejected the plea of defence on point that PW 1 not received demand notice but failed to consider that original complainant received the Demand Notice which bares his signature too - on second ground that the accused are not competent to collect tax - which was not raised in trail , can not be raised later - and further more PW1 himself admitted that they used to come and collect the tax at Lodge - Hence the High court set aside the order and acquitted the accused = Sri Gundappa. ... Appellant/ A.1 The State, Rep. by Spl.S.C for ACB, Hyderabad. . Respondent = 2014 - July . Part - http://judis.nic.in/judis_andhra/filename=11574

Tax Bill Collectors falsely implicated in ACB case - trial court failed to consider the defence plea with out justifiable reasons - pending trail complainant died - Trial court convicted the accused - their lordships of High court held that the trial court wrongly rejected the plea of defence on point that PW 1 not received demand notice but failed to consider that original complainant received the Demand Notice which bares his signature too - on second ground that the accused are not competent to collect tax - which was not raised in trail , can not be raised later - and further more PW1 himself admitted that they used to come and collect the tax at Lodge - Hence the High court set aside the order and acquitted the accused = 

The plea of accused is that on the date of trap the complainant asked AO1 to
bring the Bill Collector so that he will pay the arrears of the tax amount and
accordingly, AO1 went and brought AO2 to Meenakshi Lodge and they  
received the amount.
The trial Court …