SMT. GITARANI PAUL vs DIBYENDRA KUNDU ALIAS DIBYENDRA KUMAR KUNDU

The Supreme Court held that the High Court erred in accepting an appeal based on issues not raised or argued in lower courts, thereby misreading pleadings and evidence. The Court emphasized that the concurrent findings of the lower courts regarding the appellant-plaintiff's title were sufficient, rendering unnecessary the High Court's inquiry into the date of dispossession. Furthermore, the Court found no evidence or pleadings indicating that the Baaries required approval to sell their rights as under-Raiyats.