Parali Madhavi v. Namballi Vallamvathi Sree Dharan (D), (SC) BS192664
SUPREME COURT OF INDIA

Before:-M. Jagannadha Rao and K.G. Balakrishnan, JJ.

Civil Appeal No. 5232 of 2000. D/d. 22.9.2000.

Parali Madhavi and Ors. - Appellants

Versus

Namballi Vallamvathi Sree Dharan (D) through Lrs. - Respondents

Civil Procedure Code, 1908 - Section 100

ORDER

Leave granted.

This appeal is preferred against the judgment of the High Court of Kerala dated 21.7.1997 in S.A. 218 of 1993 arising out of the concurrent judgments of the Trial Court and the First Appellate Court, decreeing the suit for possession.

2. One of the main defects in the judgment of the High Court is that no substantial questions of law have been framed.

3. In several recent judgments of this Court it has been categorically laid down that, in Second Appeal, it is necessary for the High Court to frame substantial questions of law and deal with them separately. In the present case, there are questions of title as well as question of adverse possession. On the question of title the Trial Court and the First Appellate Court had come to the conclusion that the plaintiff had not proved title. They have also held that even if the plaintiff had title, the same was lost by adverse possession. The learned Judge who decided the Second Appeal has not framed separate points as to why he would consider that the plaintiff had title unless the finding as to title is reversed on the basis of a substantial question of law, there would be no need to go into the question of adverse possession.

4. The High Court would therefore frame different substantial questions of law so far as title and adverse possession are concerned. This was not done. We, therefore, set aside the judgment of the High Court and remand the matter for framing substantial questions of law, if they so arise, in regard to questions of title and adverse possession or any other substantial questions of law arising from the judgment of the lower Court. The appeal is allowed and the impugned order is set aside and the matter is remanded to the High Court for fresh disposal in accordance with law, as stated above. There will be no order as to costs.

Appeal Allowed..