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.