Title: SABIR HUSSAIN (DEAD) THR. LRS. AND ORS. V SYED MOHAMMAD HASSAN (DEAD) THR. LRS. AND ANR.
Citation: CIVIL APPEAL NO.5049 OF 2009
Dated on: 25.1.2024
Corum: HON’BLE JUSTICE ABHAY S. OKA & JUSTICE UJJAL BHUYAN
A recent case before the Supreme Court has highlighted the significance of rigorous appellate review, particularly in circumstances when parties’ rights are at stake due to contradicting lower court decisions. In this particular judgment, emanating from the High Court of Madhya Pradesh Bench in Indore, Justice Rajesh Bindal embodies the spirit of appellate scrutiny and the imperatives of due process in adjudication.
Brief Facts of the case
In the present case the appellants are Raza Hussain’s legitimate heirs, who purchased a property in Indore from Mohd. Jafar in 19751. The respondents are Syed Mohd. Hasan’s lawful heirs, who had lived on the property from childhood and claimed title through adverse possession.
The trial court ruled in Favor of the appellants, concluding that, Mohd. Jafar’s sale deed was legitimate and that the respondents had failed to prove adverse possession. The High Court overturned the lower court’s decision, questioning the validity of the sale deed and recognizing the respondents’ claim of adverse possession.
Court analysis and judgement
In a judgement delivered by Justice Rajesh Binda of the Supreme Court set aside the judgment of the High Court, which had reversed the trial court’s decree in Favor of the appellants, and remanded the case to the High Court for fresh consideration. The Supreme Court determined that the High Court did not refer to the evidence presented on record by the parties, particularly in the first appeal, where it was the court’s obligation to address all problems and conclude the case with reasons. The Supreme Court remarked that the High Court viewed the sale deed with suspicion without considering the statements of the witnesses to the sale deed and the notices issued by the appellants to the respondent. The Supreme Court reiterated that it had made no findings on any of the matters of evidence appreciation, and left it to the High Court to determine the subject anew, uninfluenced by any of the observations made in the order. The Supreme Court requested that the High Court give the matter precedence because it was relatively old.
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Written by- Namitha Ramesh
