Case Note & Summary
The case involves a second appeal filed by the legal heirs of the original plaintiff, Custodio Gama, against the judgment and decree of the District Court, which dismissed their suit for declaration of title and injunction. The suit property was originally owned by one Minguel Gama. The appellant claimed that after Minguel's death, the property devolved upon his son Joaquim Gama, who allegedly abandoned it, and the appellant's predecessor entered into possession and acquired title by adverse possession. The trial court dismissed the suit, holding that the appellant failed to prove adverse possession. The first appellate court confirmed this finding. In second appeal, the High Court held that no substantial question of law arose, as the concurrent findings were based on evidence and not perverse. The appeal was dismissed.
Headnote
A) Property Law - Adverse Possession - Burden of Proof - The appellant claimed title by adverse possession over a property originally belonging to the respondent's predecessor. The courts below held that the appellant failed to prove exclusive, continuous, and hostile possession for the statutory period. The High Court, in second appeal, found no substantial question of law as the findings were based on appreciation of evidence and not perverse. (Paras 1-10) B) Civil Procedure - Second Appeal - Scope - Under Section 100 of the Code of Civil Procedure, 1908, the High Court cannot interfere with concurrent findings of fact unless they are perverse or based on no evidence. The appellant did not raise any substantial question of law. (Paras 1-10)
Issue of Consideration
Whether the appellant had acquired title by adverse possession over the suit property and whether the concurrent findings of the courts below were perverse or suffered from any substantial error of law.
Final Decision
Second appeal dismissed. The judgment and decree of the lower appellate court are confirmed.
Law Points
- Adverse possession
- Burden of proof
- Concurrent findings
- Second appeal
- Substantial question of law
