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january 1996

Supreme Court of India · 1996-01-16

KOCHUKAKKADA ABOOBACKER (DEAD) BY LRS. & ORS. vs ATTAH KASIM & ORS.

Citation / case number
SC 1981/63767
Court
Supreme Court of India
Petitioner
KOCHUKAKKADA ABOOBACKER (DEAD) BY LRS. & ORS.
Respondent
ATTAH KASIM & ORS.
Author
K. RAMASWAMY
Bench
K. RAMASWAMY

Judgment text excerpt

The Supreme Court upheld the High Court's decision to interfere with the concurrent findings of fact by the trial and appellate courts regarding the partition of property. The Court found that the appellate court had erred in not properly considering documentary evidence, specifically Ex.A-3, which established the plaintiffs' title to the property. The High Court's ruling was based on the conclusion that the findings of the lower courts were perverse and unsupported by evidence, thus affirming the plaintiffs' entitlement to a partition of the property.

KOCHUKAKKADA ABOOBACKER (DEAD) BY LRS. & ORS. vs ATTAH KASIM & ORS. · Niyam