MAQBOOL ALAM KHAN vs MST. KHODAIJA & ORS.

The Supreme Court held that the appellant had no title to the suit property as the respondent was not constructively bound by the final decree in suit No. 127 of 1939 due to the compromise decree in suit No. 126 of 1944, which expunged her name from the array of parties. The Court reiterated that an application for restitution under Section 144 of the Code of Civil Procedure is an execution of a decree, thus applying the principle of res judicata. Furthermore, the Court found that the appellant failed to prove the alleged oral gift, which was invalid under Mohamedan Law due to the lack of delivery of possession, a requirement for a valid gift.