Supreme Court of India · 1980-10-07
KARBALAI BEGUM vs MOHD. SAYEED AND ANR.
- Citation / case number
- SC 1978/90263
- Court
- Supreme Court of India
- Petitioner
- KARBALAI BEGUM
- Respondent
- MOHD. SAYEED AND ANR.
- Author
- SYED MURTAZA FAZALALI
- Bench
- SYED MURTAZA FAZALALI
Judgment text excerpt
The Supreme Court held that mere non-participation in rent and profits by a co-sharer does not equate to ouster, thus preventing title by adverse possession. The court emphasized that co-sharers act as constructive trustees for each other, ensuring the rights of the plaintiff are protected. The High Court's interference with the District Judge's factual findings regarding fraud and possession was deemed erroneous, affirming the plaintiff's entitlement to her share despite the defendants' actions.