DAGADABAI (DEAD) BY L.RS. versus ABBAS @ GULAB RUSTUM PINJARI

DAGADABAI (DEAD) BY L.RS. versus ABBAS @ GULAB RUSTUM PINJARI

The High Court erred in admitting and allowing the second appeal since findings of fact by lower courts were neither perverse nor against law, pleadings, or evidence, and the defendant’s pleas (adoption and adverse possession) failed both legally and factually; there was no substantial question of law under s.100 CPC.

Parties
Appellant: Dagadabai (Dead) by L.Rs.; Respondent: Abbas @ Gulab Rustum Pinjari
Jurisdiction
India
Judgment Date
18 April 2017
Procedural Posture
Civil Appeal / Appeal From High Court Judgment/order
Outcome
Appeal allowed; impugned judgment set aside; Trial Court and First Appellate Court’s judgment and decree restored.
Legal Topics
Adverse Possession, Mohammedan Law—adoption, Inheritance, Code of Civil Procedure S.100—second Appeals
Civil Law Property Law Personal Law Adverse Possession Mohammedan Law—adoption Inheritance Code of Civil Procedure S.100—second Appeals

Case Brief

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Parties

Dagadabai (Dead) by L.Rs.

Appellant

Abbas @ Gulab Rustum Pinjari

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment/order

Legal Issues

  1. 1 Whether the defendant perfected title to the suit land by adverse possession.
  2. 2 Whether Mohammedan Law recognizes adoption for inheritance purposes.

Ratio Decidendi

The High Court erred in admitting and allowing the second appeal since findings of fact by lower courts were neither perverse nor against law, pleadings, or evidence, and the defendant’s pleas (adoption and adverse possession) failed both legally and factually; there was no substantial question of law under s.100 CPC.

Court Disposition

Appeal allowed; impugned judgment set aside; Trial Court and First Appellate Court’s judgment and decree restored.

Orders

  • Impugned High Court judgment/order dated 25.04.2007 set aside.
  • Trial Court decree dated 29.08.1983 and First Appellate Court order dated 18.09.1990 restored.