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1934 Supreme(Mad) 126

PANDALAI
Ayya Pillai – Appellant
Versus
Ayyadurai Goundan – Respondent


JUDGMENT

Pandalai, J.

1. The plaintiff, a minor, appeals from the decree of the learned Subordinate Judge of Vellore, reversing a decree of the District Munsif of Eani-pot, and dismissing his suit brought for recovery of possession of 2 acres 3 cents of wet land from the defendants who were it was alleged, in possession under a mortgage granted to them and their ancestors by the plaintiffs father in 1891, and, after the mortgage was paid off in 1910, under a lease for five years from that year. The plaintiff alleged that there had been a previous litigation, O.S. No. 201 of 1916, brought by a subsequent mortgagee under the plaintiff to recover the same property from the defendants, that in that suit the plaintiff was added as defendant ,4 and his mother appointed guardian-ad-litem, that in the Munsifs Court defendants 1 to 3 in that case represented by the present defendants repudiated the mortgage of 1891 and set up long adverse possession but the Munsif held against that plea, that in appeal however the then learned Subordinate Judge came to the opposite conclusion and held that it was not proved that the defendants were holding under the mortgage of 1891 and that it was proved tha












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