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1964 Supreme(Ker) 25

S.VELU PILLAI
Kannan – Appellant
Versus
Kannan – Respondent


Judgment :-

1. This Second Appeal by the plaintiff and the 5th defendant, arises in a suit by the former for recovery of possession of the suit property on title and for other reliefs. The suit property is denoted by plots A, A-1, A-2; B, B-1, B-2, C & C-1 in Ext. C-1 plan. The two courts below have negatived the plaintiffs case both on title and on possession within twelve years of the suit. The findings are concurrent, and I see no reason to disturb them so far as plots B, B-1, B-2 and C-1 are concerned; they will stand. As regards plots, A, A-1, A-2 and C, though the findings are concurrent, the learned Advocate General who appeared for the appellants raised a point of law, which depended on the effect of S.13 & 14 of the Madras Survey and Boundaries Act, 1923 (Act VIII of 1923). These plots were resurveyed in the year 1931 as portions of resurvey No. 29/2, patta for which was issued to the 5th defendant under whom the plaintiff claims. In the pleadings and at the trial, the case of the plaintiff was that these plots are part of a property called Mavullachal kadu, and that of the contesting defendants 1, 3 and 4 was that they are part of a property called Padachal kadu. This was









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