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1989 Supreme(SC) 521

M.M.DUTT, S.NATARAJAN
P. Velayudhan – Appellant
Versus
Kurungot Imbichia Moidus Son Ayammad – Respondent


(1) THIS appeal is at the instance of the plaintiff and is directed against the judgment and decree of the Kerala High court whereby the High court reversed the judgment and decree of the learned Subordinate Judge, Kozhikode, setting aside those of the learned Additional Munsif, Kozhikode.

(2) THE plaintiff filed the suit praying for recovery of possession of the suit property with past and future mesne profits. It was alleged by the plaintiff that he became insane some time in 1951 and had to be hospitalised in a mental hospital wherefrom he was released some time in 1961. After he was released from the hospital, he came to know that defendant 1, since deceased, had encroached upon the suit property. Thereafter, he filed the present suit for recovery of possession. The plea of defendant 1 was, however, that he had been in possession of the suit property since 1947 as a lessee under an oral lease from the plaintiff and that he had assigned his leasehold interest in the suit property to defendants 2 and 3. Further, the defence of defendant 1 was that as he had been continuously in possession of the suit property for over 14 years, the suit was barred by limitation.

(3)





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