SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1962 Supreme(Ker) 54

M.MADHAVAN NAIR
Achuthan Unni – Appellant
Versus
Vally – Respondent


Judgment :-

1. The pieces of land bearing Survey Numbers 391/7,3918 and 391/9 of Parur Village belong to and are in the possession of the plaintiff. At the south of them is S. No. 391/6 belonging to the defendants and in their joint possession; and at the west is S.391/10 which the defendants hold as tenants of Desiyogam Madhom. Plaintiff complains that the fence at the boundary between his land and that in the defendants possession has been shifted a little into the plaintiff's property and thereby an encroachment has been committed by the defendants which over the entire length of the boundary at the west and the south, amounted to about 11/2 cents in the aggregate. This suit is to remove the encroachment with consequential reliefs. The defendants denied the trespass and claimed, if the suit property be found to be encroachment, the plaintiff has lost tittle thereto by their adverse possession. The Munsiff held:

"Granting that the title deeds of the plaintiff and Exts. A and Al prove his title, the further hurdle of proof of possession within 12 years preceding the suit remains to be crossed. That is not done",

and therefore dismissed the suit. The Subordinate Judge affirmed the sa








Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top