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1959 Supreme(Ker) 114

S.VELU PILLAI
Joseph – Appellant
Versus
John – Respondent


Judgment :-

1. The suit out of which this Second Appeal arises, was instituted by two plaintiffs, for a partition of their two-third share of the suit property, which is a leasehold and belonged to Thomman. After his death, the suit property came into the possession of his widow Eliswa, and his children, the plaintiffs, defendants 2 to 6 and deceased Joseph. In execution of a decree against Eliswa and Joseph, the 1st defendant purchased the suit property, and obtained possession of it, on the 3rd Kanni 1112 and he has been in possession ever since. The suit was resisted by the 1st defendant, and the chief question to be decided in this appeal is, whether the plaintiffs' right in the suit property has been extinguished by reason of the 1st defendant's adverse possession. The suit was instituted on the 14th May 1952, corresponding to the 1st Edavam 1127. The court of first instance held in favour of the 1st defendant; but on appeal, the District Judge held against him and he has therefore preferred this appeal.

2. It was not disputed, that the widow and children of Thomman were co-owners of the suit property. Though it is 30 cents in extent and the sale record and the delivery list in






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