Bhikan Sk.Noor Mohd vs Mehamoodabee Sk.Afzal & Ors on 20 February, 2017
The Supreme
Court's decision in the case of Sk. Bhikan (supra) does not
have any application in the facts and circumstances of the
present case, as there is no question of construction of sale
deed dated 15.04.1937 is involved here. This was admitted
by both the parties that the said registered sale deed was
executed in favour of Sagar Bhar, the common ancestor of
the plaintiff, and the defendants. The only question in
respect of the dispute over the said plot before the courts
below was in respect of devolution of the said plot after the
death of Sagar Bhar, on his successors.