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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
R. M. JOSHI, J
Mohammed S/o Mohiuddin Shaikh – Appellant
Versus
Farid S/o Haseen Shaikh – Respondent
JUDGMENT :
1. This appeal filed by original defendant under Section 100 of the Code of Civil Procedure is directed against the judgment and decree passed by First Appellate Court in R.C.A. No. 139/1985, reversing the judgment and decree of dismissal of suit passed in R.C.S. No. 121/1980 and in turn decreeing the suit.
2. Parties are referred to as ‘plaintiffs’ and ‘defendant’ for the sake of convenience.
3. In order to appreciate the questions involved in this appeal it would be relevant to take note of certain admitted facts which are reproduced in brief as under:
(i) Immamsaheb had three sons, Haseen, Ibrahim and Mohiuddin. Haseen died in the year 1946, Ibrahim died in the year 1948, whereas Mohiuddin died in 1947. Ibrahim and Mohiuddin jointly purchased land survey No. 36 admeasuring 26A 21G of situated at village Malkapur, Taluka Kallam under registered sale deed dated 29th Teer 1344 Fasli i.e. in May, 1935 from Maruti for a total consideration of Rs.500/-. They entered in the possession of the suit land as owners. Both of them were having half and divided share therein. Another suit property being Municipal house No. 89 situated at Malkapur originally belonged to their father came
Legal heirs are entitled to inherit property regardless of its ancestral or self-acquired nature, and claims of adverse possession require acknowledgment of ownership by the opposing party.
plea of partition based on oral evidence alone cannot be accepted and it is to be rejected out rightly. Hence, in absence of such evidence, it is to be presumed that the plaintiff-Appellant has one h....
Registered partition deed between brothers under Mohammedan law creates valid title; High Court cannot re-appreciate facts absent substantial question of law in second appeal.
The principle of feeding the grant by estoppel allows a subsequent acquisition of title to validate an earlier transfer made by a person who lacked title at the time of the transfer, thereby protecti....
The burden of proof in adverse possession cases lies with the party claiming adverse possession, and specific positive intention to dispossess is required. The concept of adverse possession is a blen....
The burden of proof lies with the plaintiff to establish that the properties are ancestral, and evidence must be pleaded and proved through evidence.
Under Mohammedan Law, co-owners are only tenants in common, and the heirs of a deceased Mohammedan being in possession of the whole estate will be deemed to be in possession on behalf of the other co....
to approach the Civil Court for adjudicating the title in issue and when the defendant's patta had been cancelled during 1995 merely on the production of certain electricity bills and house tax recei....
The court upheld the presumption of joint family property, ruling that no valid partition had been established, thus entitling the plaintiffs to their shares.
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