VISWANATHA ACHARI vs KANAKASABAPATHY

The Supreme Court held that the High Court erred in dismissing the second appeal on the grounds that there was no challenge to the finding of adverse possession by the First Appellate Court. The Court emphasized that the appellant had indeed raised a question of law regarding the lack of issues framed by the trial Court concerning adverse possession, as per Section 100(4) of the Code of Civil Procedure, 1908. The Court set aside the High Court's judgment and remitted the matter for reconsideration, affirming the necessity for the Appellate Court to provide an opportunity for the defendant to present evidence on newly framed issues.