SANTOSH HAZARI vs PURUSHOTTAM TIWARI (DEAD) BY LRS.

The Supreme Court addressed the issue of adverse possession under Section 100 of the Code of Civil Procedure, 1908, determining that the plaintiff's suit for declaration of title and recovery of possession was valid despite the defendant's claim of adverse possession. The Court held that the findings of fact by the trial court were not properly considered by the appellate court, which led to a dismissal of the plaintiff's appeal. Consequently, the Supreme Court remanded the matter to the High Court for a fresh consideration of substantial questions of law.