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1939 Supreme(Mad) 403

KRISHNASWAMI AYYANGAR
Sivaprasad Sowcar – Appellant
Versus
Sekharamantri Narasimhamurthi – Respondent


JUDGMENT

Krishnaswami Aiyangar, J.

1. The plaintiff is the appellant. The property in dispute is a house in Allipuram, a suburb of Vizagapatam. The original owner was one Sekharamantri Appalaswami, the father of the first defendant in the suit and the first respondent in the second appeal. Sekharamantri Appalaswami was indebted to the father of respondents 2 to 5, one Kanti Mahanti Appalanarasayya. For the recovery of the debt, K. Appalanarasayya instituted a suit against Appalaswami, and in execution of the decree obtained therein purchased the suit house on 7th January, 1916, and obtained a sale certificate on 2nd July, 1920. Though he thus obtained a perfect title to the house, he never reduced it to possession either by process in execution or otherwise. S. Appalaswami and after him his son the first respondent have continued in undisturbed possession of the house. By the date of the suit, they had been in possession for over fifteen years, a period sufficiently long to give them a prescriptive title under Article 144 of the Indian Limitation Act against K. Appalanarasayya or any one claiming under him, or indeed against all the world. The plaintiff derives his title to the suit
























































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