AFSAR SHEIKH AND ANR. versus SOLEMAN BIBI AND ORS.

AFSAR SHEIKH AND ANR. versus SOLEMAN BIBI AND ORS.

The Supreme Court held that the plaintiff failed to prove the appellant was in a position to dominate his will or exercised undue influence. The finding was not wrong or unreasonable and did not suffer from any legal defect. Therefore, the High Court had no jurisdiction to interfere in second appeal under sections 100, 101, and 103 C.P.C. The suit must fail as the requisite proof for undue influence was not established.

Parties
Appellant: Afsar Sheikh; Respondent: Soleman Bibi
Jurisdiction
India
Judgment Date
06 November 1975
Procedural Posture
Civil Appeal / Appeal to Supreme Court Against the Judgment of Patna High Court
Outcome
Appeal allowed; suit dismissed
Legal Topics
Undue Influence, Second Appeal, Hiba Bil Ewaz, Fraud, Misrepresentation
Contract Law Civil Procedure Undue Influence Second Appeal Hiba Bil Ewaz Fraud Misrepresentation

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Parties

Afsar Sheikh

Appellant

Soleman Bibi

Respondent

Procedural Posture

Civil Appeal / Appeal to Supreme Court Against the Judgment of Patna High Court

Legal Issues

  1. 1 Whether the gift (Hiba-bil-Ewaz) was void due to undue influence, fraud, or misrepresentation
  2. 2 Whether the High Court had jurisdiction to interfere with findings of fact in second appeal

Ratio Decidendi

The Supreme Court held that the plaintiff failed to prove the appellant was in a position to dominate his will or exercised undue influence. The finding was not wrong or unreasonable and did not suffer from any legal defect. Therefore, the High Court had no jurisdiction to interfere in second appeal under sections 100, 101, and 103 C.P.C. The suit must fail as the requisite proof for undue influence was not established.

Court Disposition

Appeal allowed; suit dismissed

Orders

  • Judgment of the High Court set aside
  • Suit of the plaintiff dismissed