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december 1989

Supreme Court of India · 1989-12-15

MOHD. ZAINULABUDEEN (SINCE DECEASED) BY L.RS. vs SAYED AHMED MOHINDEEN AND ORS.

Citation / case number
SC 1983/66137
Court
Supreme Court of India
Petitioner
MOHD. ZAINULABUDEEN (SINCE DECEASED) BY L.RS.
Respondent
SAYED AHMED MOHINDEEN AND ORS.
Author
N.M. KASLIWAL
Bench
N.M. KASLIWAL

Judgment text excerpt

The Supreme Court held that in cases of co-heirs, one co-heir's possession cannot be deemed adverse to another without clear evidence of open assertion of hostile title and exclusive possession. The Court found that the High Court erred in reversing the lower appellate court's decision regarding the management rights of the Dargah, emphasizing that mere non-demand by a co-heir does not constitute ouster. The Court restored the trial court's judgment, affirming the plaintiffs' rights to manage the Dargah for a specified period.

MOHD. ZAINULABUDEEN (SINCE DECEASED) BY L.RS. vs SAYED AHMED MOHINDEEN AND ORS. · Niyam