VidhiSangh

Supreme Court of India · 08/08/2025

KISHUNDEO ROUT & ORS. versus GOVIND RAO & ORS.

[2025] 9 S.C.R. 113 · 2025 INSC 956

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Summary

The Court dismissed the plaintiffs' petition against a High Court judgment that had reversed a first appellate decree founded on adverse possession, holding that a plea of adverse possession must be specifically pleaded, put in issue and proved, and cannot be framed and decided for the first time by the first appellate court, still less on the footing that the plaintiffs' possession ripened into title during the pendency of the suit.

Issues

  1. Whether the first appellate court could frame an additional issue of adverse possession and decree the suit on that basis when adverse possession had not been pleaded in the plaint or put in issue at trial.
  2. When, if at all, a plea of adverse possession not taken in the plaint may be allowed to be raised in appeal.

Provisions considered

Held

Result

Special leave petition dismissed; High Court judgment allowing the second appeal and restoring the trial court's dismissal of the suit left undisturbed.

Judgment PDF: Supreme Court of India, [2025] 9 S.C.R. 113.