JUDGEMENT

The present appeal came to be admitted by this court on the following substantial questions of law, "(i) Whether on the facts and in the circumstances of the case, the learned first Appellate Court was justified in dismissing the suit only on the ground that the property was not identifiable without appreciating that the dispute relating to the identity of the property was never made subject matter before the learned trial Court and no issue was cast? (ii) Whether on the facts and in the circumstances of the case, the learned first Appellate Court was justified in dismissing the suit despite holding that the plaintiff holds the title and was in possession of the property? (iii) Whether on the facts and in the circumstances of the case, if the learned first Appellate Court was of the opinion that the details of the property have not been given properly, then, instead of dismissing the suit, it