Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----S. 100---Second appeal---Concurrent findings of fact---No bar as to reversal of such findings had been enumerated in S.100, C.P.C.---Such findings could be reversed in case of non-reading and misreading of evidence. Durga Chowdhrani v. Jawahir Singh Chowdhry ILR 18 Cal. 23; Ram Gopal and another v. Shams Khatoon and others ILR 20 Cal: 93; Ravi Veraraghavalu and others v. B. Venkata Narasima Naidu AIR 1914 PC 87; Venkata Kumara Mahipati Suryarao Bahadur Garu v. Secretary of State AIR 1928 PC 152; Ramji Patel v. Rao Kishore Singh AIR 1929 PC 190; Midnapur Zamindari Co. Ltd. v. Secretary of State AIR 1929 PC 286; Abdul Majid and others v. Khalil Ahmad PLD 1955 FC 38; Karamat Ali and another v. Muhammad Younus Haji and bthers PLD 1963 SC 191; Pathana v. Mst. Wasai and another PLD 1965 SC 134; Deity Pattabhiramaswamy v. S. Hanymayya and others AIR 1959 SC 57 and Nazar Muhammad v. Shahzada Begum PLD 1974 SC 22 ref. (b) Limitation Act (IX of 1908)--- ----Art. 144---Adverse possession---Person asserting ownership over a property by purchase would not be legally justified at the same time to say that his occupation was hostile or adverse as against its real, owner--Logic behind was that a person could not claim both hostile and adverse possession over a property, which he held in his own right. Abdul Majeed v. Muhammad Subhan 1999 SCMR 1245; Khuda Bakhsh v. Mureed 1999 SCMR 996; Ghulam Qadir v. Ahmed Yar PLD 1990 SC 1049 and Mirza Ghulam Hussain v. Ch. Iqbal Ahmad PLD 1991 SC 290 ref. (c) Limitation Act (IX of 1908)--- ----Art. 144---Adverse possession---Pleas of adverse possession and title by way of gift being contradictory were irreconcilable. (d) Gift term ----Gift---Delivery of possession in a gift is as necessary as in a sale. Shamshad Ali Shah v. Hassan Shah PLD 1964 SC 143; Hedaya, Vol. III, Second Edn., p.482; Amir Ali's Muhammadan Law, Vol. I, Chap.V, Baillie's Digest of Muhammadan Law, Part 2, Second Edn., pp12O3, 204; Ramchandra Jivaji Kanago and another v. Laxman Shrinivas Naik and another AIR 1945 PC 54; Jamma-ush-Shittat, Sharaya-ul-Islam, Ghulam Hassan and others v. Sarfaraz Khan and others PLD 1956 SC (Pak.)…

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