Judgment

Arijit Pasayat, J.—This appeal is directed against the judgment rendered by a learned Single Judge of the Madras High Court dismissing the second appeal filed by the appellant on the ground that there was no challenge to the finding recorded by the First Appellate Court regarding adverse possession.

2. A brief reference to the factual aspects would suffice.

3. A suit was filed by the respondents for declaration of title, and the suit was numbered as O.S.No. 59/88. Written statement was filed by the appellant who was the defendant. The trial Court framed the following issues:

a. Whether the disputed property belongs to the plaintiff?

b. Whether the suit is maintainable?

c. What remedy/relief the plaintiff is entitled to?

4. The trial Court dismissed the suit. The plaintiff (respondent herein) preferred an appeal and by judgment and order dated 11.9.1991 learned Additional District Judge, Ramnad, Madurai allowed the appeal. One of the major conclusions of the First Appellate Court was that the plaintiff had perfected title by adverse possession. The appellant filed the second appeal taking the stand that no such issue was framed by the trial Court and, therefore, the de