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july 2005

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.

Vishwanatha Achari vs Kanakasabapathy · Niyam