Supreme Court of India · 1996-01-02
MEETHIYAN SIDHIQUE vs MOHD. KUNJU PAREETH KUTTY .
- Citation / case number
- SC 1987/70138
- Court
- Supreme Court of India
- Petitioner
- MEETHIYAN SIDHIQUE
- Respondent
- MOHD. KUNJU PAREETH KUTTY .
- Author
- K. RAMASWAMY
- Bench
- K. RAMASWAMY
Judgment text excerpt
The Supreme Court held that a sale of property by a mother as guardian of her minor son is void under the principles of Mohammadan Law, specifically referencing Section 359 which outlines legal guardianship. The Court affirmed the Kerala High Court's decision that the appellant could not claim valid title to the property as the sale was not executed by a legally recognized guardian. The Court also clarified that one co-owner cannot claim adverse possession against another co-owner without asserting adverse title, leading to the dismissal of the appeal.