appellant-plaintiff. On an appeal filed by the Defendants, the First Appel- late Court affirmed the findings of the trial Court. Aggrieved, Defendant No. 1 filed a Second appeal before the High Court. Reaching a finding that the actual date of dispossession was not specifically mentioned in the plaint and unless the same was pleaded and proved, the suit for possession was not competent, the High Court allowed the appeal and set aside the judgments of the Courts below. The appellant-plaintiff has preferred the present ap- peal, by special leave, against the High Court judgment. Allowing the appeal, this Court, HELD: 1. The High Court fell into error in ignoring the concurrent findings of the Courts below and accepting the appeal on an issue which was neither raised nor argued before the Courts below. The High Court misread the plead- ings and the evidence on the record. [467B-D]
2.In the face of clear pleadings and the evidence on record the High Court was wrong in reaching the conclusion that there was no pleadings and evidence regarding disposes- sion. Even otherwise in the face of the finding of the Courts below that the appellant-plaintiff had proved her title it was not necessary for the High Court to go into the question of ascertaining the date of dispossession. [468A-B]
3.There is nothing on record to show that the Baaries could not sell their rights as under-Raiyats without the approval of the higher authorities. Neither there are any pleadings on this point nor any evidence was led before the trial Court. [468C] JUDGMENT: