Niyam v2 is live — start for just ₹100 — 200 credits to try

january 2009

Supreme Court of India · 2009-01-22

H.H. Pooranandaswamiji (D) Thru Lrs vs Sharadamma

Court
Supreme Court of India
Petitioner
H.H. Pooranandaswamiji (D) Thru Lrs
Respondent
Sharadamma
Bench
G.S. Singhvi, B.N. Agrawal

Judgment text excerpt

The Supreme Court held that the High Court, as the first appellate court, failed to properly scrutinize the pleadings and evidence before it, particularly regarding the issue of adverse possession. The Court emphasized that the High Court should have decided the appeal on merits based on the issues framed by the Trial Court. Consequently, the appeal was allowed, the High Court's order was set aside, and the matter was remitted for fresh consideration in accordance with law.

H.H. Pooranandaswamiji (D) Thru Lrs vs Sharadamma · Niyam