C.A. No. 6624 of 2003 1

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. ..... RESPONDENTS

O R D E R

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 2

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.