Supreme Court of India · 2005-07-26
Vishwanatha Achari vs Kanakasabapathy
- Citation / case number
- AIR 2005 SUPREME COURT 3109
- Court
- Supreme Court of India
- Petitioner
- Vishwanatha Achari
- Respondent
- Kanakasabapathy
- Author
- Arijit Pasayat
- Bench
- Arijit Pasayat, H. K. Sema
Judgment text excerpt
The Supreme Court held that the High Court erred in dismissing the appellant's second appeal regarding adverse possession without addressing the specific challenge raised by the appellant. The Court emphasized that the First Appellate Court's findings on issues not framed by the Trial Court, particularly regarding adverse possession, were improper as they deprived the appellant of the opportunity to present evidence. The judgment of the High Court was set aside, and the matter was remitted for fresh consideration, without expressing any opinion on the merits of the case, under Section 100(4) and Section 107 of the Code of Civil Procedure, 1908.