Syeda Rahimunnisa Vs Malan Bi (Dead) by L.Rs. & Anr. Etc. (Supreme Court of India)
Supreme Court held that section 100 of the Code of Civil Procedure empowers the High court to decide the second appeal only on the questions framed. Thus, when the High Court did not frame any question on the question of remand, to the trial court a fortiori it had no jurisdiction to deal with such question. Accordingly, appeal succeed.
Facts- Smt. Syeda Rahimunnisa and Syed Hyder Hussaini are wife and husband whereas the respondent no. 1(a) to 1(f) are the legal heirs of one late Haji Mian being mother, wife, sons and daughters respectively. The dispute between the two aforementioned families relates to the ownership and possession of portion of land (which is a part of entire area classified as Government Burial Poramboke).
The questions which arise for consideration in these appeals are (i) whether the second appeal filed by the respondents involved any substantial question of law within the meaning of Section 100 of the Code of Civil Procedure Code, 1908 (for short “CPC”) : (ii) whether the High Court was justified in admitting the respondents’ second appeal on the questions framed and if so whether the questions framed can be regarded as substantial questions of law arising out of the case; (iii) whether the High Court was justified in remanding the case to the trial court for de novo trial in all the five civil suits and (iv) whether the respondents were able to prove their title over the suit-land so also whether the appellants were able to prove the existence of relationship of landlord and tenant between the appellants and the respondents.
