MASJID FARKUNDA MOSQUE versus HAMED BASHA AND ORS.

MASJID FARKUNDA MOSQUE versus HAMED BASHA AND ORS.

As it was an admitted position that the third respondent had purchased the land and the superstructure thereon by registered sale deed in 1969, prior to the appellant's purchase of the alleged superstructure in 1975, the decree sought was against the real owner. Thus, the suit as framed by the appellant was not decreeable, and the High Court was correct in dismissing the suit.

Parties
Appellant: MASJID FARKUNDA MOSQUE; Respondents: HAMED BASHA AND ORS.
Jurisdiction
India
Judgment Date
02 December 1996
Procedural Posture
Civil Appeal / Supreme Court Appeal by Special Leave From High Court Judgment
Outcome
Appeal dismissed
Legal Topics
Ejectment, Title to Property, Possession
Property Law Ejectment Title to Property Possession

Case Brief

Summary, issues, holding and outcome

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Parties

MASJID FARKUNDA MOSQUE

Appellant

HAMED BASHA AND ORS.

Respondents

Procedural Posture

Civil Appeal / Supreme Court Appeal by Special Leave From High Court Judgment

Legal Issues

  1. 1 Whether the appellant is entitled to eject the respondents and recover possession of the suit property based on the alleged purchase of the superstructure.
  2. 2 Whether the High Court was correct in dismissing the appellant's suit where the third respondent was the real owner of the land.

Ratio Decidendi

As it was an admitted position that the third respondent had purchased the land and the superstructure thereon by registered sale deed in 1969, prior to the appellant's purchase of the alleged superstructure in 1975, the decree sought was against the real owner. Thus, the suit as framed by the appellant was not decreeable, and the High Court was correct in dismissing the suit.

Court Disposition

Appeal dismissed

Orders

  • The appeal is accordingly dismissed. No costs.