Umerkhan vs Bismillabi @ Babulal Shaikh & Ors

The Supreme Court held that the High Court's judgment in the partition suit did not adequately consider the scope of Section 100 and Section 101 of the Code of Civil Procedure, 1908, regarding the second appeal. The Court emphasized that the issue of adverse possession raised by the 1st defendant was a mixed question of law and fact, and the High Court's failure to address this led to a flawed decision. Consequently, the Supreme Court restored the trial court's decree, affirming the plaintiff's entitlement to a 1/4th share in the property.