7. Jamilabai Abdul Kadar vs Shankerlal Gulabchand & Ors on 30 April, 1975
Equivalent citations: 1975 AIR 2202, 1975 SCR 336 Author: V Krishnaiyer
"Jamilabai Abdul Kadar vs Shankerlal Gulabchand & Ors" is a case decided by the Supreme Court of India in 1975. The equivalent citations for the case are 1975 AIR 2202 and 1975 SCR 336.
Parties:
- Jamilabai Abdul Kadar (Appellant)
- Shankerlal Gulabchand & Others (Respondents)
Facts:
Jamilabai Abdul Kadar, the appellant, filed a suit against Shankerlal Gulabchand & Others, the respondents, claiming that the property in dispute was owned by her and that the respondents had wrongfully taken possession of it. The trial court found in favor of the respondents and dismissed the suit. The appellant then appealed to the High Court, which also dismissed the appeal. The appellant then appealed to the Supreme Court.
Issues:
- Whether the property in dispute was owned by the appellant
- Whether the respondents had wrongfully taken possession of the property
Order:
The Supreme Court held that the evidence on record showed that the property in dispute was owned by the appellant and that the respondents had wrongfully taken possession of it. The Supreme Court allowed the appeal, set aside the judgments of the trial court and the High Court, and restored the suit to the trial court for further proceedings.