LAWS(JHAR)-2024-11-99

NASEEM KHAN Vs. PRESIDENT, MANAGING COMMITTEE MASJID DUMKA

Decided On November 18, 2024
NASEEM KHAN Appellant
V/S
President, Managing Committee Masjid Dumka Respondents

JUDGEMENT

(1.) Heard the learned Counsel for the parties.

(2.) This C.M.P. has been filed on behalf of the petitioner for setting aside the order dtd. 20/7/2023 passed in Original Suit No.12 of 2020 by the Civil Judge (Sr. Dvision)-II, Dumka and the order dtd. 17/8/2024 passed in Civil Misc. Appeal No. 06 of 2023 by the Principal District Judge, Dumka whereby the application filed for substitution as plaintiff after the death of Most Badrun Nisha of Original Suit No.12 has been rejected.

(3.) The learned Counsel for the petitioner has submitted that Original Suit No. 12 of 2020 was instituted by Most. Badrun Nisha against three defendants in which she has averred that her husband was the tenant of the property in question since 1962 @ Rs.10..00 The rent of the same was also paid by her husband during his lifetime.