TMI Blog2002 (11) TMI 747X X X X Extracts X X X X X X X X Extracts X X X X ..... antial questions of law so formulated. The appeals are allowed. We remit these matters to the High Court for disposal in accordance with law, keeping in view the observations made above. - Appeal (civil) 1622-1623 of 1994 - - - Dated:- 27-11-2002 - SHIVARAJ V. PAUL AND ARIJIT PASAYAT, JJ. JUDGMENT The following Order of the Court was delivered : Heard the learned counsel for the parties. The impugned judgments were passed by the High Court of Madhya Pradesh at Jabalpur in second appeals reversing the concurrent findings of fact recorded by the trial court as well as the first appellate court. Though the High Court elaborately considered the contentions and the evidence placed on record, the impugned judgments do not reflect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on the question so formulated as stated in sub-section (5). The impugned judgments do not indicate any substantial question of law formulated and that the second appeals were heard on any substantial question of law. This Court has taken the view in cases more than one that in second appeals, substantial question or questions of law must arise for consideration and the appeals are to be heard on the substantial questions of law so formulated. In Ishwar Dass Jain v. Sohan Lal, [2000] 1 SCC 434, this Court, in para 10, has stated thus: "10. Now under Section 100 CPC, after the 1976 Amendment, it is essential for the High Court to formulate a substantial question of law and it is not permissible to reverse the judgment o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... convincing evidence to show hostile animus and possession adverse to the knowledge of the real owner. Mere possession for a long time does not result in converting permissive possession into adverse possession (Thakur Kishan Singh v. Arvind Kumar, [1994] 6 SCC 591. Hence, the High Court ought not to have interfered with the findings of fact recorded by both the courts below." (Emphasis supplied) In the light of what is stated above, in our view, the impugned judgments cannot be sustained. Further, as stated above, the arguments were heard in November, 1990 and the High Court pronounced the judgments on 7th May, 1993. This Court in Bhagwandas Fatechand Daswani and Ors v. HP A International and Ors., [2000] 2 SCC 13, dealing with the conten ..... X X X X Extracts X X X X X X X X Extracts X X X X
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