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1989 Supreme(Ker) 216

BHASKARAN NAMBIAR
Devaki Amma – Appellant
Versus
Meenakshy Amma – Respondent


Judgment :-

1. Does a divided member of a family obtaining possession of property in excess of his share, under an award of an Arbitrator, prescribe title by adverse possession in respect of that excess share, by being in possession for over twelve years from the date of the award or does the time run only from the date when the award was made a rule of court? This, in short, is the simple question that arises for determination in this Second Appeal.

2. The first defendant in a suit for declaration of title and for recovery of possession is the appellant. The facts are admitted and the question of law alone remains for consideration. The plaintiff and the first defendant are members of the same family. In 1954, the family members entered into an agreement to refer to the arbitrators the division of the family properties. The Arbitrators passed an award in 1956, Ext.Al dated 25-5-1956. Pursuant to the award, the parties were given possession of their share of properties by the Arbitrators and in the process, the 1st defendant obtained some lands in excess of her share. That was in 1956. Sy.No.324/1, the red marked portion in Ext.C1 plan allotted to the plaintiff was handed over to th

























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