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DWARKA DHISH BANSAL
Mohd Shareef Khan (Dead) through LRs. Mohd. Habib – Appellant
Versus
Mohd. Hanif S/o Mohd. Ibrahim – Respondent
JUDGMENT :
DWARKA DHISH BANSAL, J.
1. This second appeal is preferred by the plaintiff Mohd. Shareef Khan (since died, now by LRs Mohd. Habib and others) challenging the judgment and decree dated 02.09.1998 passed by District Judge, Raisen in civil appeal no. 8-A/96 reversing the judgment and decree dated 18.04.1995 passed by Civil Judge Class I, Bareli, District Raisen, in Civil Suit no. 71-A/94.
2. In short, the facts are that, original plaintiff Mohd. Shareef Khan instituted a suit for permanent injunction claiming himself to be exclusive owner of the disputed house and prayed that the defendant be restrained from making any interference in his possession over the disputed house which he received after death of Yakoob Khan as shown in the plaint map from item no. 4.
3. The defendant Mohd. Hanif appeared and filed written statement claiming himself to be exclusive owner of the house in question with the contentions that in fact the house situated over an area 68’x68’ is self acquired property of the defendant on the basis of registered sale deed dated 13.05.1965 (Ex.D/1). In para 10 of written statement, he contended that as the plaintiff has already completed construction of dispute
The disputed house was treated as joint family property, entitling the plaintiff and the defendant to equal 1/3 share each, as per Mahomedan Law.
The court confirmed joint family ownership of property despite individual registration and clarified inheritance rights under Mahomedan Law.
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....
A claim of partition in Hindu joint family property must be substantiated with credible evidence; conjecture does not suffice.
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 main legal point established in the judgment is the application of legal provisions to determine ownership rights and issue decrees for partition and separate possession in property disputes.
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