MAQBOOL ALAM KHAN versus MST. KHODAIJA & ORS.

MAQBOOL ALAM KHAN versus MST. KHODAIJA & ORS.

The respondent is not bound by the decree in Title Suit No. 127 of 1939, either actually or constructively, due to the compromise decree and subsequent restitution under s. 144, Code of Civil Procedure; and the appellant failed to prove a valid oral gift under Mohamedan Law as delivery of possession was not established.

Parties
Appellant: Maqbool Alam Khan; Respondent No. 1: Mst. Khodaija; Advocate for Respondents Nos. 16, 24, and 25: K. R. Sinha
Jurisdiction
India
Judgment Date
04 February 1966
Procedural Posture
Civil Appeal / Appeal From Patna High Court Judgment and Decree Dated April 3, 1961
Outcome
Appeal dismissed
Legal Topics
Lis Pendens, Restitution, Oral Gift Under Mohamedan Law
Property Law Civil Procedure Lis Pendens Restitution Oral Gift Under Mohamedan Law

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Parties

Maqbool Alam Khan

Appellant

Mst. Khodaija

Respondent No. 1

K. R. Sinha

Advocate for Respondents Nos. 16, 24, and 25

Procedural Posture

Civil Appeal / Appeal From Patna High Court Judgment and Decree Dated April 3, 1961

Legal Issues

  1. 1 Whether respondent was constructively bound by final decree in Title Suit No. 127 of 1939
  2. 2 Validity of oral gift under Mohamedan law

Ratio Decidendi

The respondent is not bound by the decree in Title Suit No. 127 of 1939, either actually or constructively, due to the compromise decree and subsequent restitution under s. 144, Code of Civil Procedure; and the appellant failed to prove a valid oral gift under Mohamedan Law as delivery of possession was not established.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs