Judgment

RAY, C. J. - This appeal is from the judgment dated 17 September 1969 of the High Court of Madras.

2. The respondent filed this suit against the State for a declaration of title to 849.99 acres of land. The suit was decreed. On appeal the High Court remanded the suit for finding on two issues:

(a) Whether the respondent-plaintiff has title to the suit properties; and

b) Whether the respondent plaintiff has possession of the suit properties.

3. The Subordinate Judge submitted a finding that the respondent plaintiff had no title and also had no possession.

4. The finding of the Subordinate Judge on the two matters was brushed aside by the High Court without any reason without any appreciation of documents and without any appreciation of contentions of the parties. The High Court gave a perfunctory judgment. The High Court failed to exercise the duties as an appellate court. It is unfortunate that the High Court did so.

5. The only way to do justice in the matter is to remand it to the High Court. The High Court will hear the matter. The Bench which heard this matter earlier will not hear it on remand. We are sorry to make this observation but it is because of the manner in which th