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1964 Supreme(Ker) 34

S.VELU PILLAI
Narayana Guptan – Appellant
Versus
Madhava Menon – Respondent


Judgment :-

1. This second appeal by the second defendant arises in a suit by the respondent to recover possession of the property in schedule B which is a part of the property in schedule A of the plaint on the basis of title. In view of the findings of the two courts on title and possession which are concurrent, I do not think it necessary to state the facts in detail. The respondent claimed the property in schedule A under Ext. A2, his earliest document of title of the year 1921, while the appellant claimed the property under Ext. B8, his earliest document of title of the year 1929. At the trial, the commissioner furnished a plan Ext. C2 and a report, to which both parties objected. Upon this, the court issued a second commission which produced the plan Ext. C1 and the report Ext. C6. The two courts have relied on Ext. C1 plan, though as the Munsiff remarked, in their arguments before him, counsel relied on both plans. An objection was raised before the Subordinate Judge to the issue of two commissions by the Munsiff; he noted that the Munsiff had acted on Ext. C1 and that both parties did not object to the issue of a second commission. In second appeal before me, learned counse



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