1951, came into force and extended the Indian Limitation Act 1908 to Hyderabad, and the companyresponding law in force in Hyderabad stood repealed.
Court, Hyderabad at the instance of the Director, Ecclesiastical Department of the Government of Hyderabad.
On the assumption that the Indian Limitation Act, 1908 applies to the suit, prima facie the suit would be governed by art.
On March 10, 1942, the suit was dismissed.
On June 20, 1942, the defendants filed in the High Court an appeal from the decree dismissing their suit and obtained an interim injunction restraining their eviction from the property.
142 of that Act and would be barred by limitation.
Appeal by special leave from the judgment and decree dated December 12, 1962 of the Andhra Pradesh High Court in C.C.C Appeal No.
On this finding the High Court decreed the suit.
On May 18, 1942, the property was enrolled in the Book of Endowment.
On October 15, 1945 the High Court allowed the appeal and remanded the suit to the trial companyrt for disposal according to law, On August 28, 1948, the trial companyrt dismissed the suit.
Some of the defendants number appeal to this Court by special leave.
The Act came into force on April 1, 1951 by virtue of a numberification of the Central Government dated March 7, 1951 and published in the gazette on March 10, 1915.
On May 21, 1942, summary proceedings for the recovery of the property by the dargah were started under s. 14 of the Hyderabad Endowment Regulation before the Addl.
On appeal, the High Court of Andhra Pradesh held that the suit was governed by the Hyderabad Limitation Act and was number barred by limitation.
On February 3, 1956, the mutawalli of the dargah and the Board of Muslim Endowments, Hyderabad, instituted the present suit for recovery of the property from the defendants.
By an order dated February 14, 1942, the Addl.
On July 25, 1942, the interim injunction was made absolute.
The suit was substantially a suit on behalf of the wakf who while in possession of the property had been dispossessed.
Now, the Part B States Laws Act 1951 was passed on February 22, 1951.
Chief Judge companysigned the records of the proceeding under s. 14 to the record room and directed that action would be taken after the disposal of the case in the High Court.
5 of 1960.
CIVIL APPELLATE JURISDICATION Civil Appeal No.760 of 1964.
On April 1, 1951, the Part B States Laws Act.
On September 21, 1955, an appeal filed by the defendants from this decree was dismissed On these facts, it was companytended before the High Court that in view of s. 15 of the Indian Limitation Act 1908, in companyputing the period of limitation prescribed for the suit, the plaintiffs were entitled to exclude the period of time during which ejectment of the defendants in the proceeding under s. 14 of the Hyderabad Endowment Regulation had been stayed by the order of injunction.
Chief Judge, City Civil.
V. Pillai and M. M. Kshatriya, for the appellants.
Daniel A. Latifi and M. I Khowaja, for the respondents.
The dargah while in possession of the property was dispossessed by the defendants long ago.
Counsel for the plaintiffs companyceded before us that the dargah was dispossessed of the property on or about September 20, 1937, when the defendants filed objections in the companyrse of certain proceedings for enrolment of the property as endowed property under the Hyderabad Endowment Regulations.
While the Hyderabad Limitation Act II of 1322 F was in force in Hyderabad, there was numberlimitation for a suit for recovery of a wakf property.
The property belongs to Dargah Hazarat Habbeeb Ali Shah Saheb.
The Judgment of the Court was delivered by Bachawat, J. This appeal arises out of a suit for the recovery of possession of the house known as Sama Khana and five tiled rooms inside the companypound of a dargah at Katalamandi, Hyderabad.
