Supreme Court of India

Mohd. Zainulabudeen (since Deceased) by L.rs. v. Sayed Ahmed Mohindeen and Ors.

Neutral citation
Reported as [1989] SUPP. 2 S.C.R. 519
Bench K.N. Singh and N.M. Kasliwal JJ.
Decided 15 December 1989

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

2 Supreme Court benches have cited this judgment.

What the Court ordered

For the reasons stated above, we set aside the judgment and decree of the High Court dated 17th Nov., 1987 and restore that of E the Trial Court as affirmed by the First Appellate Court with modifica­ tions as stated earlier.

Judgment, page 10

From the headnote

Indian Limitation Act, 1963: Adverse possession-Claim of­ Among co-heirs there must be evidence of an essertion of hostile title coupled with possession and enjoyment. Mohd. Zainulahdeen and Yasin Bi filed a suit for declaration that they were entitled to be in enjoyment and possession of Saint Syed Moosa Shah Khadiri Dargah in Madras for 27 days and to restrain the defendants from interfering with the plaintiffs' aforesaid right and management in the Dargah. c In reply the defendant No. I alleged that in the management of the Dargah, female members had no right nor could they claim the right

Where later benches applied it

Of those, 1 relied on · 1 mentioned

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