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1969 Supreme(Mad) 46

ALAGIRISWAMI
Konappa Mudaliar – Appellant
Versus
Kusalaru alias Munuswami Pillai – Respondent


Advocates:
N. Appu Rao, for Appellant; C. S. Swaminathan, for Respondents.

Judgement

JUDGMENT:- The plaintiff is the appellant. The suit relates to a house which originally belonged to one Venkatachalam. His son Balu left the house in 1932 and was thereafter not heard of. Venkatachalam also died soon after. From the evidence in this case it appears that Balu's wife Thirupathiammal, who is the plaintiff's vendor also left the house at about the same time and went to live with her parents. On 27-4-1945, she executed a sale in plaintiff's favour. The first defendant purchased the same property from Chennammal, Venkatachala's widow on 6-12-1945. The matter came up once before to this Court, on appeal. The finding of the Courts below that the plaintiff had title to the property was confirmed. It was remanded to the lower appellate Court for a finding whether the plaintiff was in possession within 12 years of suit. After remand, the learned District Judge, Salem, has, after an exhaustive discussion of the evidence on record, came to the conclusion that the plaintiff was not in possession within 12 years of suit. This finding being one of fact has got to stand. In any case, it is simply supported by the evidence on record.

2. But the point urged on behalf of the a











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