SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1924 Supreme(Mad) 382

Kopparaju Gunichandill – Appellant
Versus
Kopparaju Ramaraju Seshaya – Respondent


JUDGMENT

1. Two points have been argued in this second appeal. The first is that Kamamma prescribed only for a widows title and secondly, that her claim to title by adverse possession is barred by reason of the decision in Suit No. 57 of 1914.

2. As regards the first point, there is no evidence that Kamamma ever declared that she was in possession of the plaint property in her right as the widow of her husband. The evidence is that her mother in law died in 1894 and after her death Kamamma was in possession for more than 12 years. Her possession was the possession of an ordinary trespasser and the onus is upon the reversioner to show that she prescribed for a title less than that of a full owner. Vide Lachhcm Kunwar v. Manorath Ram (1895) 22 Cal. 445 and Vengiduswamy Aiyar v. Narayanaswamy Aiyar (1914) 24 I.C. 880.

3. As regards the second point: there was no decision that the property in the possession of Kamamma was the property that she inherited from her husband Venkatarayudu. The previous suit was with regard to some property which is not the subject of the present suit. The suit was brought by a person claiming himself to be the adopted son of Venkatarayudu. As his adoption was

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top