MOHAMMAD HAFIZULLAH & ORS. versus JAVED AKHTAR & ORS.

MOHAMMAD HAFIZULLAH & ORS. versus JAVED AKHTAR & ORS.

The Supreme Court held that concurrent findings of fraud by courts below were findings of fact after appreciation of evidence, and absent any appointment of Smt. Shamima Khanam as nominee, the sale was vitiated by fraud. There was no cause for interference, and the decree for specific performance in favour of Javed Akhtar and Parvez Akhtar stands affirmed.

Parties
Appellant: Mohammad Hafizullah & Ors.; Respondent: Javed Akhtar & Ors.
Jurisdiction
India
Judgment Date
02 July 2014
Procedural Posture
Civil Appeal / Final Supreme Court Judgment
Outcome
Appeal dismissed
Legal Topics
Specific Performance, Fraud, Co Ownership, Sale of Immovable Property, Receivership
Civil Procedure Property Law Specific Performance Fraud Co Ownership Sale of Immovable Property Receivership

Case Brief

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Parties

Mohammad Hafizullah & Ors.

Appellant

Javed Akhtar & Ors.

Respondent

Procedural Posture

Civil Appeal / Final Supreme Court Judgment

Legal Issues

  1. 1 Whether the sale of one-fourth share by co-owner Smt. Kanak Nahar was validly executed in favour of Smt. Shamima Khanam or whether the sale was vitiated by fraud as alleged by respondents 1 and 2; whether the courts below rightly decreed specific performance in favour of respondents 1 and 2; whether Smt. Shamima Khanam was a nominee of respondents 1 and 2

Ratio Decidendi

The Supreme Court held that concurrent findings of fraud by courts below were findings of fact after appreciation of evidence, and absent any appointment of Smt. Shamima Khanam as nominee, the sale was vitiated by fraud. There was no cause for interference, and the decree for specific performance in favour of Javed Akhtar and Parvez Akhtar stands affirmed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with no order as to costs.
  • Orders and decrees of the courts below affirmed.