In Brief
In this partition suit spanning from 1935 to 2017, the Supreme Court held that a sale deed executed by a Muslim co-sharer during the pendency of the partition suit was hit by the doctrine of lis pendens and valid only to the extent of the vendor's determined share (14/104th). Under Islamic law, a co-sharer cannot alienate other co-sharers' shares. The preliminary decree's determination of shares is final and binding. A purchaser pendente lite cannot perfect title through adverse possession. While equitable adjustments are permissible in final decree proceedings, they cannot override substantive legal principles of Muslim law. The Court rejected claims of estoppel, laches, and adverse possession, restoring the trial court's final decree and rejecting the High Court's interference."
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