Bashir Mohammed S/o Sheikh Daud @ Daddu vs Mohammed Saeed S/o Mohammed Saeed

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Chh) 5

NARENDRA KUMAR VYAS
Bashir Mohammed S/o Sheikh Daud @ Daddu – Appellant
Versus
Mohammed Saeed S/o Mohammed Saeed – Respondent

Advocates:
Advocate Appeared:
For the Appellants : M.D. Sharma, Aman Sharma.
For the Respondents: Ravish Chandra Agrawal, Anand Kumar Gupta, Anup Majumdar, Vivek Shrivastava.

Table of Content
1. mcc filed for correction in previous judgment. (Para 1)
2. court's findings on plaintiff's inability to prove ownership. (Para 8 , 10)
3. court's analysis of res-judicata and its application. (Para 15 , 16)
4. validity of hiba (gift) under mahomedan law. (Para 36 , 41)
5. conclusion and remand for retrial with added documents. (Para 50 , 51)

JUDGMENT :

NARENDRA KUMAR VYAS, J.

1. Today the instant MCC has been filed for correction in paragraph 15 of the judgment dated 2-1-2023 passed by this Court in Second Appeal No. 448 of 2014 (Bashir Mohammed (Died) through LRs. and Others vs. Mohammed Saeed (Died) through LRs. and Others).

2. Perused the judgment passed by this court on 2-1-2023 in Second Appeal No 448 of 2014 wherein Para 15 reads as under:

“15. Learned trial court after appreciation of the evidence, material on record has recorded a finding that the plaintiff is unable to prove issue No. 1, 6 to 9 in negative against the plaintiff. Learned trial court while deciding issue No. 2 has recorded a finding that the plaintiff is unable to prove the fact that the suit property was purchased by his father in the name of Mohammad Sharif and while deciding issue No. 3, the tri

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2023 Supreme(Chh) 5

NARENDRA KUMAR VYASBashir Mohammed S/o Sheikh Daud @ Daddu – AppellantVersusMohammed Saeed S/o Mohammed Saeed – Respondent

Cases Referred (30)

NARENDRA KUMAR VYAS
Bashir Mohammed S/o Sheikh Daud @ Daddu – Appellant
Versus
Mohammed Saeed S/o Mohammed Saeed – Respondent