Supreme Court of India · 2024-10-24
Nisar Ahmad vs Sami Ullah (Dead) Through Lrs
- Citation / case number
- 2024 INSC 820
- Court
- Supreme Court of India
- Petitioner
- Nisar Ahmad
- Respondent
- Sami Ullah (Dead) Through Lrs
- Author
- Abhay S. Oka
- Bench
- Abhay S. Oka
Judgment text excerpt
The Supreme Court addressed appeals against the Allahabad High Court's judgment regarding the Uttar Pradesh Consolidation of Holdings Act, 1953. The Court held that the Deputy Director of Consolidation erred by applying Hindu law principles to determine the shares of parties who were Mohammedans, thereby affirming the High Court's decision that the appellants were entitled to a 1/12 share in the disputed Khata plots. The Court emphasized the necessity of applying the correct legal principles relevant to the parties' religious context under Section 9(2) and Section 11(1) of the 1953 Act.