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NARENDRA KUMAR VYAS
Md. Ziyauddin, S/o Late Md. Ismail – Appellant
Versus
Habibul Haq, S/o Inamul Haq – Respondent
JUDGMENT :
1. This second appeal has been filed by the appellants/plaintiffs under Section 100 of the C.P.C. against judgment and decree dated 30.01.2012 passed by Additional District Judge, Bilaspur (C.G.) in Civil Appeal No. 1A/2011 (Salma Begam & others Vs. Mehrunnisha & others) affirming the judgment and decree dated 26.10.2010 passed by Fifth Civil Judge Class-II, Bilaspur, District- Bilaspur (C.G.) in Civil Suit No. 8A/2010.
2. For the sake of convenience, the parties shall be referred to in terms of their status in Civil Suit No. 8A/2010 which was filed for declaration of title and grant of permanent injunction.
3. The instant Second Appeal is admitted for hearing by this Court vide its order dated 24.03.2021 on the following substantial questions of law:-
2. Whether both the Courts below were justified in holding that the suit is barred by limitation by recording a finding perverse to the record?”
4. The brief facts, as reflected from the plaint averments, are that father of plaintiff No. 1-L
The main legal point established in the judgment is the requirement to prove the essential ingredients of a valid Hiba under the Mahomedan Law, the absence of a prescribed period for filing a suit fo....
(1) Status of relationship – Opinion evidence – It is open to Supreme Court to interfere with findings of fact given by High Court if High Court has acted perversely or otherwise improperly.(2) Perce....
The main legal point established in the judgment is the validity and proof of oral Hiba under Mohammedan Law, and the requirement to establish possession and acceptance of a gift in property disputes....
A gift under Mohammedan law requires explicit acceptance and possession; failure to prove these elements results in denial of ownership claims.
A second suit for partition is maintainable even though the earlier suit for the same relief was withdrawn by the parties without seeking any leave of the Court.
(1) Mohammedan Law – Gift (Hiba) – For a valid gift declaration by donor is must – A gift cannot be implied.(2) Amendment of plaint – It is always open to court to allow an amendment if it is of the ....
Under the proviso, the Court should be "satisfied" that the case involves a "substantial question of law" and not a mere "question of law
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