Niyam v2 is live — start for just ₹100 — 200 credits to try

october 1980

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.

KARBALAI BEGUM vs MOHD. SAYEED AND ANR. · Niyam