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Issues involved:
The issues involved in this case include ownership rights in a property, adverse possession claim, and the interpretation of Muhammadan Law. Ownership Rights: The case involved a dispute over the ownership of a property between siblings following the death of their father. The Plaintiff filed a suit for partition and separate possession of her share in the property, claiming that as per Muhammadan Law, the 1st Defendant had a 1/2 share while both sisters, including the Plaintiff, had a 1/4 share each. Adverse Possession Claim: The 1st Defendant contested the suit, claiming adverse possession over the property since 1967, which he argued had extinguished the Plaintiff's rights. The trial court initially ruled in favor of the Plaintiff and the 2nd Defendant, declaring each entitled to a 1/4 share and the 1st Defendant to a 1/2 share. However, the first appellate court reversed this decision, holding that the 1st Defendant had acquired ownership through adverse possession. Interpretation of Law: The High Court, in the second appeal, analyzed the evidence presented and found that the 1st Defendant had not sufficiently proved adverse possession. The High Court emphasized the need for documentary evidence to support the claim of exclusive possession, highlighting that mere refusal to share does not establish adverse possession. The Court also discussed the legal requirements for adverse possession and the importance of proving continuous possession over a specified period. Legal Interpretation of Second Appeal: The Supreme Court emphasized the legal requirements for a second appeal, stating that the High Court must formulate a substantial question of law before reversing a lower court's judgment. Citing relevant legal precedents, the Court reiterated that the High Court's jurisdiction in a second appeal is limited to cases involving substantial questions of law. The Court set aside the High Court's judgment in this case for not following the proper legal procedure and remanded the matter for fresh consideration. In conclusion, the Supreme Court allowed the appeal, set aside the High Court's judgment, and remanded the case for fresh consideration in accordance with the legal requirements for a second appeal.
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