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1974 Supreme(Ker) 59

V.P.GOPALAN NAMBIYAR, CHANDRASEKHARA MENON
RAMACHANDRAN NAIR – Appellant
Versus
GOURI PILLAI – Respondent


Judgment :-

1. This appeal preferred with leave granted by Krishna Iyer J. of this Court, (as he then was) is against the decision of the learned judge in Second Appeal No. 53 of 1968, and raises an interesting question of adverse possession and limitation.

2. The suit out of which this appeal arises, was for partition of two items of immovable properties. The legal representatives of the 2nd defendant, and the 3rd defendant, are the appellants before us. Item 1 was seven cents in Sy. No. 1479, of a total extent of 10 cents; item 2 was 8 cents in Sy. No. 1478, of a total extent of eighteen cents. Both these Sy. Nos. of a total extent of twenty-eight cents, belonged to one Gouri Pillai. By Exts. P-3 and P-4 sale-deeds dated 121108 and 15 91106, she conveyed three cents in Sy. No. 1479 and ten cents in Sy. No. 1478 to her brother Narayana Pillai. The remaining extent of the two survey numbers was sought to be partitioned in the suit. Gouri Pillai died in 1114 M. E., leaving as her legal representatives, her two brothers, Govinda Pillai and Narayana Pillai. Narayana Pillai was insane from 1113 M. E. and died on 9 71952. Govinda Pillai died in 1963. The plaintiffs are the widow and chil
















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