Seeni Pakeer Abdul Raheem vs Seeni Pakeer Hayath Mohammed – SC APPEAL 214/2014-2024

In the case between Seeni Pakeer Abdul Raheem and Kachchi Mohideen Jennathul Firdouse (Plaintiffs/Respondents) and Seeni Pakeer Hayath Mohammed, Seeni Pakeer Mohammed Yusuf, and Seeni Pakeer Rahamath Ali (Defendants/Appellants), the issue addressed was whether damages not pleaded in the amended plaint could be awarded, and the legal standing of a Deed of Gift (P2) under Muslim Law concerning property rights and possession. It was determined that the District Court’s grant of damages was not supported due to the absence of such a claim in the amended pleadings; therefore, that part of the judgment was set aside, while the remainder relating to property rights was affirmed. The judgment emphasized the principle that appellate courts will not consider new factual issues not raised at trial an