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1956 Supreme(SC) 111

B.JAGANNATHA DAS, B.P.SINHA, SYED JAFAR IMAM
P. Lakshmi Reddy – Appellant
Versus
L. Lakshmi Reddy – Respondent


Advocates:
C.K.DAFTARY, K.R.CHAUDHARY, K.SUNDARARAJAN, M.C.SETALVAD, M.S.K.AIYANGAR, P.RAM REDDY

Judgement

JAGANNADHA DAS, J.: The plaintiff in the action out of which this appeal arises brought a suit for declaration of his title to a one-third share in the suit properties and for partition and recovery of that share. The suit was dismissed as having been barred by limitation and adverse possession. On appeal the District Judge reversed the decision and decreed the suit. The High Court maintained the decree of the District Judge on second appeal. Hence this appeal before us on special leave by the first defendant in the action, who is the appellant before us. The main question that arises in the appeal is whether the plaintiff has lost his right to a one-third share in the suit property by adverse possession.

2. The property in suit belonged to one Venkata Reddy. He died as an infant on August 25, 1927. At that time, the properties were in the possession of the maternal uncles of the father of the deceased Venkata Reddy. One Hanimi Reddy, an agnatic relation of Venkata Reddy, filed a suit O. S. No. 26 of 1927 for recovery of the properties from the said maternal uncles and obtained a decree therein on March 15, 1929. A Receiver was appointed for the properties in February, 192




























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