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Mohammad Hafizullah v. Javed Akhtar

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 4712 of 2007)Decided 2 Jul 2014
Civil Appeal No. 4712 of 2007
Justice Anil R. Dave · Justice R.K. Agrawal

Background

In long-running litigation over an indivisible Kolkata house, the High Court permitted a co-owner to sell her quarter share to Javed and Parvez Akhtar or their nominee. Shamima Khanam obtained an order requiring sale to her as their nominee, then obtained a further order treating her as an independent purchaser. The brothers had not appointed her as nominee or received notice, and later obtained a decree setting aside her purchase and enforcing the agreed sale to them.

Decision Breakdown

The Supreme Court dismissed the appeal brought by Shamima Khanam's heirs and upheld the decree for specific performance. The earlier order, naming the brothers as proposed buyers, and their purchase of the other three-quarter share supported the finding of an understanding to buy the remaining share. There was no evidence that Shamima Khanam was their nominee. Orders changing the buyer had been obtained without notice to the brothers despite the existing order in their favour. The trial and appellate courts had found fraud after examining the evidence, and the Supreme Court found no basis to disturb those findings.

Lesson Learnt

A person claiming to be your nominee cannot legitimately redirect a court-authorised purchase without authority. Existing purchasers must have a fair opportunity to be heard before orders affecting their established rights are changed.

Official source (sci.gov.in)View Judgment (PDF)

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