Case Note & Summary
The dispute arose from a partition suit concerning property owned by Sardar Khan, who passed away in 1948, leaving behind his son Umerkhan and two daughters, Bismillabi and Aminabi. Bismillabi filed a suit for partition claiming a 1/4 share in the property, asserting that Umerkhan held a 1/2 share and Aminabi held a 1/4 share under Muhammadan Law. Umerkhan contested the suit, claiming that Bismillabi had been ousted from her rights in 1967 and that he had acquired title through adverse possession. The trial court ruled in favor of Bismillabi and Aminabi, granting them their respective shares. Umerkhan appealed to the Additional District Judge, who reversed the trial court's decision, ruling that Umerkhan had acquired ownership through adverse possession. Bismillabi then appealed to the High Court, which allowed her appeal and restored the trial court's judgment. However, the Supreme Court found that the High Court had failed to formulate a substantial question of law as required under Section 100 of the Code of Civil Procedure, 1908, when reversing the appellate court's decision. The Supreme Court emphasized that the High Court's jurisdiction in second appeals is limited to substantial questions of law and cannot interfere with findings of fact. Consequently, the Supreme Court set aside the High Court's judgment and restored the trial court's decree for fresh consideration. No costs were awarded.
Headnote
A) Civil Procedure - Second Appeal - Substantial Question of Law - High Court's Jurisdiction - The High Court's judgment was rendered illegal as it reversed the first appellate court's decision without formulating a substantial question of law, violating Section 100 of the Code of Civil Procedure, 1908. The court emphasized that the second appeal must involve a substantial question of law for the High Court to exercise its jurisdiction (Paras 10-19).
Issue of Consideration
Whether the High Court erred in reversing the trial court's judgment without formulating a substantial question of law.
Final Decision
The Supreme Court allowed the appeal, set aside the High Court's judgment, and restored the trial court's decree for fresh consideration in accordance with law.
Law Points
- adverse possession
- partition
- second appeal
- substantial question of law
- Code of Civil Procedure
- 1908
