Possession commenced in wrong and maintained against right of corpus juris is adverse possession.

1. The plaintiff in O.S. No. 8/86 on the file of District Munsif, Ramnad, whose suit for partition was on reversal of the judgment and decree of the trial court, was dismissed in the first appellate Court, against which the Second appeal was preferred.

2. The averments found in the plaint are as follows:

The suit property belonged to one Nalla Meera Ravoothar, from whom his second wife Kadar Beevi purchased it on 23.8.1915 and was in enjoyment thereof. Her only son Varusai Mohammed predeceased her. Kadar Beevi also died in 1949. The issues of Varusai Mohammed are Tayub Khan, the plaintiff, Hajee Mohamed Zackariya, the fourth defendant and one Syed Mohammed, whose wife was the first defendant and children are second and third defendants. After the death of Kadar Beevi, Syed Mohammed and the fourth defendant were commonly in enjoyment of the suit property and assessment was also made only in the name of brothers. Thus, the plaintiff is entitled to one fourth share, which is equivalent to 48/144 share. As Syed Mohammed died, his share of 48/144 would devolve on the second and third defendants jointly entitled to 32/144; the first defendant entitling to 6/144 share and the plaintiff and the fourth defendant each entitling to 5/144, thus making the plaintiff in total entitling to 53/144. The plaintiff issued a notice on 6.1.86 and defendants 1 to 3 sent a reply on 13.1.1986 containing false averments. Hence the suit was filed.

3. The fourth defendant has filed a written statement adopting the contentions made in the plaint.

4. The defendants 1 and 2 have filed the written statement, in which the following averments are made:

There were two husbands for Radar Beevi and the latter never purchased the suit property under the sale deed dated 23.8.1915. Kadar Beevi was not entitled to suit property and it is not true to say that Plaintiff, Zackaria and Syed Mohammed succeeded her property. The suit property belonged to Naina Mohammed. S/o Fakir Gani Ravoothar. He had sold the same to Fakir Niana Mohammed Ravoothar S/o Niana Mohammed Aliyar. The said Fakir Niana Mohammed Ravoothar had sold it on 24.8.1913 to his elder brother Pitchai Thambi, from whom Syed Mohammed, the husband of the first defendant had independently purchased it orally and was in enjoyment thereof by constructing a house and making assessment in his name. Syed Mohammed had, in turn, executed a settlement deed in favour of the first defendant, who herself gifted it to her daughter, the second defendant. They have also prescribed title by prescription.

5. On the above pleadings, the trial Court framed the following issues:

1. Whether the plaintiff was entitled to 53/144th share?

2. Whether the suit property originally belonged to Nalla Meera Ravoothar?

3. Whether the valuation of the suit property and the court fee was rightly made?

4. Whether the plaintiff was in joint possession?

5. Whether the suit property belongs to the first and second defendant?

6. Whether the defendants acquired right by prescription?

6. The plaintiff was examined as P.W.I besides one Kamaludeen and Exs.A.1 to A.8 were marked. The first defendant and Varusai Niana Mohammed were respectively examined as D.W.I and D.W.2. Exs.B.1 to B.29 were marked.

7. On consideration of the evidence available, the trial Judge has decreed the suit and the first appellate Judge has dismissed the suit, against which the plaintiff had preferred the Second Appeal.

8. At the time of admission, the following substantial question of law was framed:

Whether the judgment and decree of the Lower Appellate Court holding that the title of the defendants/respondents 1 and 2 is perfected by adverse possession are valid and sustainable in law?

9. The suit property is a house of 90 27? + bearing Door No. 5/105 and situate at Siddar Kottai at Ramnad District. Admittedly the plaintiff, the fourth defendant and one Syed Mohammed, the husband of the first defendant and father of defendants 2 and 3 are brothers and were born t