https://www.taxtmi.com/caselaws?id=185102 In a possession suit based on title, the court must decide the defendant's true legal status by framing and determining the real controversy, including whether the defendant is a trespasser, because that issue may affect available defences such as adverse possession or lawful possession. A decree cannot rest only on the failure to prove tenancy if the defendant's status remains undecided. In second appeal, the matter must proceed on formulated substantial questions of law; where that safeguard is not followed, interference and remand may be justified. The text also notes that, in the interests of complete justice, procedural directions may include amendment of pleadings, additional written statements, fresh evidence, and expedited disposal. en-us Tue, 04 Aug 2009 00:00:00 +0530 Sat, 30 Jul 2016 16:27:40 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=185102 In a possession suit based on title, the court must decide the defendant's true legal status by framing and determining the real controversy, including whether the defendant is a trespasser, because that issue may affect available defences such as adverse possession or lawful possession. A decree cannot rest only on the failure to prove tenancy if the defendant's status remains undecided. In second appeal, the matter must proceed on formulated substantial questions of law; where that safeguard is not followed, interference and remand may be justified. The text also notes that, in the interests of complete justice, procedural directions may include amendment of pleadings, additional written statements, fresh evidence, and expedited disposal. Case-Laws Indian Laws Tue, 04 Aug 2009 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=185102