Supreme Court of India · 2004-07-30
SHAHAZADA BI vs HALIMABI (DEAD) BY LRS.
- Citation / case number
- SC 1999/2766
- Court
- Supreme Court of India
- Petitioner
- SHAHAZADA BI
- Respondent
- HALIMABI (DEAD) BY LRS.
- Author
- KAPADIA
- Bench
- S.H. KAPADIA. S.B. SINHA
Judgment text excerpt
The Supreme Court held that the suit for possession filed by the plaintiffs did not abate, as the Karnataka High Court correctly restored the trial court's decree declaring the property as self-acquired by Essanullah under the principles of property law. The Court emphasized that the defendants' claims of joint ownership were unsupported by evidence, and the earlier dismissal of their partition suit affirmed the plaintiffs' title. The appeal by the defendants was dismissed, upholding the plaintiffs' right to recover possession of the property.