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august 2016

Supreme Court of India · 2016-08-01

Madina Begun & Anr vs Shiv Murti Prasad Pandey & Ors

Citation / case number
AIR 2016 SUPREME COURT 3554
Court
Supreme Court of India
Petitioner
Madina Begun & Anr
Respondent
Shiv Murti Prasad Pandey & Ors
Author
Madan B. Lokur
Bench
Madan B. Lokur, R.K. Agrawal

Judgment text excerpt

The Supreme Court ruled that the suit filed by Madina Begum was not barred by limitation under Article 54 of the Limitation Act, 1963, and emphasized that the High Court should have addressed all issues in the first appeal rather than limiting its decision to the preliminary issue of limitation. The Court clarified the interpretation of the agreement to sell and the implications of the registered Will executed by Gulab Bai regarding the disputed land. The outcome favored Madina Begum, allowing her claim to be considered in full.

Madina Begun & Anr vs Shiv Murti Prasad Pandey & Ors · Niyam