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2005 Supreme(Mad) 275

S.R.SINGHARAVELU
Neelavathi – Appellant
Versus
Shanmugam & Others – Respondent


Advocates Appeared:For The Petitioner:D.Durairaj, Advocate. For The Respondents:R.Rajesh, Advocate.

Judgment :-

This Second Appeal is directed against the decree and judgment of the Sub Court, Kancheepuram, dated 18.02.1994 in A.S.No.26 of 1993, which reversed the decree and judgment passed by the District Munsif Court, Kancheepuram, on 25.09.1992 in O.S.657 of 1986.

2. While admitting the Second Appeal, the following substantial question of law was framed:

"Whether the learned Subordinate Judge erred in law in construing the plea of adverse possession as inconsistent with plea of title under Ex.A1 failing to note that the plaintiff had merely set out alternative source of title which is not prohibited by law?

3. This is a suit for declaration and injunction. The appellant is the plaintiff. The subject matter of suit is 0.32 cents in survey No.94/3-B of Papankuzhi Village of Kancheepuram Taluk, patta number of which is 239. The plaintiff relied upon a settlement deed dated 25.07.1966, marked as Ex.A-1, whereby the property was gifted to plaintiff by her father Nagappan. In the said document, Nagappan had mentioned two factors; one is that, that property belonged to him by his purchase and the other is that he had earlier executed a Gift deed in favour of his wife on 09.03.1951 and t





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