BAKHTIY AR HUSSAIN (DEAD) THR. LRS. versus HAFIZ KHAN AND ORS.

BAKHTIY AR HUSSAIN (DEAD) THR. LRS. versus HAFIZ KHAN AND ORS.

The substantial question of law formulated and decided by the High Court did not arise from the issues involved in the case which pertained to adverse possession; consequently, the impugned judgment was set aside and remitted to the High Court for consideration of whether any substantial question of law arises which...

Source-derived case information.

Parties
Appellant: Bakhtiyar Hussain (Dead) through LRs.; Respondent: Hafiz Khan and Others
Jurisdiction
India
Judgment Date
24 September 2007
Procedural Posture
Civil Appeal / Appeal From High Court Judgment in Second Appeal
Outcome
Appeal partly allowed
Legal Topics
Adverse Possession, Bhumiswami Rights, Appeal Under Section 100 CPC
Civil Procedure Property Law Adverse Possession Bhumiswami Rights Appeal Under Section 100 CPC

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Bakhtiyar Hussain (Dead) through LRs.

Appellant

Hafiz Khan and Others

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment in Second Appeal

Legal Issues

  1. 1 Whether the defendants acquired Bhumiswami rights under Section 168 of the Madhya Pradesh Land Revenue Code due to permissible possession.
  2. 2 Whether defendants perfected title by adverse possession.

Ratio Decidendi

The substantial question of law formulated and decided by the High Court did not arise from the issues involved in the case which pertained to adverse possession; consequently, the impugned judgment was set aside and remitted to the High Court for consideration of whether any substantial question of law arises which needs adjudication.

Court Disposition

Appeal partly allowed

Orders

  • Impugned judgment of High Court set aside.
  • Matter remitted to High Court for re-hearing and determination of whether any substantial question of law arises, and thereafter to decide the appeal in accordance with law.