The court established that for property disputes, evidence of title and descriptive boundaries surpass mere possession claims, especially in absence of pleading the statute of limitations.

J U D G M E N T

Defendants in a suit for recovery of possession on the strength of title, fixation of boundary and for prohibitory injunction against trespass are the appellants. The suit was dismissed by the trial court. The decree was reversed by the first appellate court, against which this second appeal.

2. The dispute involved in the lis is in respect of one cent (approximately) of property described in the plaint 'C' schedule. The plaint 'A' schedule property belongs to the plaintiff as per Ext.A1 Partition Deed of the year 1993, executed in the plaintiff's family. The plaint schedule property was included as item No.2 in 'H' schedule to Ext.A1. The plaint 'B' schedule property is situated on the western side of the plaint 'A' schedule property and it belongs to the defendants. The defendants got right over the same as per Ext.A7 document of the year 1947. The disputed 'C' schedule property lies in between the 'A' and 'B' schedule properties. Both the plaintiff and the defendants claim the 'C' schedule to be part of their respective properties. Whether the plaint 'C' schedule property forms part of the plaint 'A' schedule property (plaintiff’s title) or the plaint 'B' schedule property, is the question.

3. The suit as originally filed was one for fixation of boundary and for injunction. It was later amended incorporating a prayer for recovery of possession of the plaint 'C' schedule property on the strength of title. The trial court held that the plaintiff has not proved his possession within 12 years preceding the institution of the suit and accordingly dismissed the suit. The decree was reversed in appeal. The appellate court found that the plaintiff has title over the plaint 'C' schedule property and that the defendants have not raised a plea of adverse possession.

4. Heard the learned counsel on either sides on the following substantial questions of law:-

(1) On the materials on record, will not the description of properties by boundaries, and the physical features, prevail over the description of the properties by side measurements and extent?

(2) On the admission of the plaintiff that the property is in the possession of the predecessor of the defendants from the year 1946, will there not be an extinguishment of the title of the plaintiff's predecessor-in-interest in terms of Article 142 and Section 28 of the Limitation Act, 1908 , the suit for recovery having been filed only in the year 2011?

5. Exts.C1 and C2 are the Commissioner's Report and Plan obtained in the suit. The plaint 'C' Schedule has been shown in yellow shade in Ext.C2 plan. Referring to the same, the learned counsel for the appellants contend that, the southern boundary of the 'C' schedule is a part/portion of plaint 'B' schedule property and therefore, if 'C' schedule forms part of the plaint 'A' Schedule property, then, in the description of the southern boundary of the plaint 'A' schedule property, as stated in Ext.A1 title deed of the plaintiff, the plaint 'B' schedule property also must have found a place. The non-mention of the plaint 'B' schedule as the southern boundary of the plaintiff's property in Ext.A1 deed indicates that the 'A' schedule does not include/take in plaint 'C' schedule property. It is further contended that, there are three coconut trees standing in the plaint 'B' schedule property which is in line with the 9 other coconut trees standing in the plaint 'B' schedule property on the south of the 'C' schedule; it is an indication that the plaint 'C' schedule forms part of the plaint 'B' schedule property.

6. Ext.C1 Commissioner's Report indicates that, the properties of the plaintiff and the defendants were identified by the Commissioner based on their respective documents of title namely, Exts.A1 and A7. The Commissioner conducted measurement with the assistance of a Surveyor and found that the plaint 'C' schedule property forms part of plaint 'A' schedule property; that it is included in Ext.A1 title deed of the plaintiff. The