In Brief
The petitioners filed a suit in 1999 to declare a sale deed void and claim property possession. The trial court dismissed the suit. The First Appellate Court reversed this, accepting a plea of adverse possession that was never raised in the original plaint or issues, and decreed the suit. The High Court set aside the appellate judgment. The Supreme Court held that unless a plea of adverse possession is specifically raised in pleadings, put in issue at trial, and proved with cogent evidence and opportunity for rebuttal, it cannot be raised for the first time in appeal. The petition was dismissed as the defendants were not given notice of the adverse possession claim and the plea violated procedural requirements of pleading correspondence."
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