C.A. No. 6624 of 2003
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 6624 OF 2003
MOHAN MIAN (D) BY LRS.
.....
APPELLANTS
VERSUS
NARENDRA KUMAR SINGH & ANR.
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RESPONDENTS
ORDER
Applications seeking condonation of delay in filing substitution application and the substitution application are allowed.
The High Court has given a positive finding that no substantial question of law arises in the matter. We have also perused the judgment of the High Court and in particular paragraphs 6 and 7 which reveal that the findings recorded by the First Appellate Court and the High Court were on pure questions of fact. The learned counsel for the appellant has however, argued that some of the observations made by the First Appellate Court were on the wrong assumption that the principles of Hindu Law of joint possession would also
C.A. No. 6624 of 2003
govern Muslims with regard to property. We find that the judgment of the High Court in second appeal is also against the appellant but even assuming that some of the observations in the judgment of the First Appellate Court are erroneous, we find no flaw in the judgment of the High Court which is based on the correct exposition of the law.
The appeal is dismissed.
...................J
[HARJIT SINGH BEDI]
...................J
[K.S. RADHAKRISHNAN]
NEW DELHI
MAY 05, 2010.