Abdul Hameed Marikkar Mohamed Ismail vs. Mohamed Sainadeen Mohamed Saleem – SC APPEAL 110/2014-2017

In the case between Abdul Hameed Marikkar Mohamed Ismail, Mohamed Ismail Ummul Kadeeja, and substituted parties (Plaintiffs) and Mohamed Sainadeen Mohamed Saleem and successors (Defendants), the court addressed whether a certificate of sale issued under Partition Ordinance No. 10 of 1863 conclusively confers valid title to the purchaser, despite the absence of a Fiscal’s Conveyance. It was held that such a certificate, duly signed and evidencing proper procedures and payment, constitutes definitive proof of title and that procedural requirements under Section 289 of the Civil Procedure Code do not apply to partition sales governed by the Partition Ordinance and subsequent legislation. Reliance was placed on the Partition Ordinance No. 10 of 1863, the Partition Act of 1951, and the Partitio