Full Judgment Text
C.A. No. 6624 of 2003
1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 6624 OF 2003
MOHAN MIAN (D) BY LRS. ..... APPELLANTS
VERSUS
NARENDRA KUMAR SINGH & ANR. ..... RESPONDENTS
O R D E R
Applications seeking condonation of delay in
filing substitution application and the substitution
application are allowed.
The High Court has given a positive finding
that no substantial question of law arises in the
matter. We have also perused the judgment of the High
Court and in particular paragraphs 6 and 7 which reveal
that the findings recorded by the First Appellate Court
and the High Court were on pure questions of fact. The
learned counsel for the appellant has however, argued
that some of the observations made by the First
Appellate Court were on the wrong assumption that the
principles of Hindu Law of joint possession would also
C.A. No. 6624 of 2003
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govern Muslims with regard to property. We find that
the judgment of the High Court in second appeal is also
against the appellant but even assuming that some of
the observations in the judgment of the First Appellate
Court are erroneous, we find no flaw in the judgment of
the High Court which is based on the correct exposition
of the law.
The appeal is dismissed.
...................J
[HARJIT SINGH BEDI]
...................J
[K.S. RADHAKRISHNAN]
NEW DELHI
MAY 05, 2010.