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1941 Supreme(Mad) 13

ABDUR RAHMAN
Kuppuswami Naidu – Appellant
Versus
Kuppuswami Naidu – Respondent


JUDGMENT

Abdur Rahman, J.

1. This appeal arises out of a suit for possession of two items of property which were sold by the plaintiffs step-mother in April, 1915 to the 1st defendant while the plaintiff was undergoing imprisonment in Andamans under a sentence of transportation for life. The plaintiff came back in 1926 and brought the present suit in 1934. The properties changed hands in the meantime--the 1st defendant having sold one item to the 2nd defendant on the 27th April, 1928 and the second item to the 3rd defendant on the 27th June, 1928. The present suit was brought in January, 1934. It was decreed in the first instance by the District Munsif of Ranipet. On appeal, however, the learned Subordinate Judge of Vellore dismissed it on the ground of limitation.

2. The question to decide in this appeal is whether the decision of the learned Subordinate Judge on that question is right. After hearing learned Counsel for the plaintiff, I have no hesitation in coming to the conclusion that it is so. It was contended on behalf of the plaintiff that adverse possession should not be held to start against him when he was not in India and his absence was not voluntary but enforced. This is

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