Back
DWARKADHISH BANSAL
Fatima Bi (Smt. ) (Dead) – Appellant
Versus
Ku. Najnin – Respondent
JUDGMENT
1. This second appeal has been filed by the defendants challenging the judgment and decree dated 29.10.2002 passed by 3rd Additional District Judge, Hoshangabad, Link Court Sohagpur in regular civil appeal No.24-A/02 confirming the judgment and decree dated 19.11.2001 passed by Civil Judge Class-I, Piparia, District Hoshangabad in civil suit No.118-A/96 whereby, learned trial Court decreed the suit of the respondents for declaration of title and permanent injunction with regard to land Khasra No.54/1 area 26.67 acre, situated in Village Mehandikheda, Tahsil Piparia, District Hoshangabad.
2. In short the facts are that, the plaintiffs/respondents instituted a suit claiming themselves to be successors of Zahiruddin, who was born out of wedlock of second wife of Shamsuddin, whereas the plaintiffs are the children from first wife Aysa Bi. It is alleged that on 23.10.1972, father of plaintiffs, Shamsuddin purchased the suit land in the name of minor son Zahiruddin for consideration of Rs.1,000/- from the original owner Smt. A.G. Granvile, but due to ailment, Shamsuddin instructed Aziz Mohd. to get the sale deed executed in the name of Zahiruddin and he being minor, name of Aziz M
The admissibility of evidence, proper legal procedures in mutation proceedings, burden of proof in ownership disputes, and the binding nature of concurrent findings of fact in appellate courts.
The non-delivery of possession does not affect the transfer of title, and lack of mutation in revenue records does not extinguish the title of the lawful purchaser.
The court reaffirmed that a sale deed executed for family and legal necessity by a joint family member is binding, barring challenge by family members after significant delay without sufficient cause....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
