High CourtsDivision Bench(1910) 01 MAD CK 0001

Nuradin Kasim vs Morris Sebastian Pereira

Madras High Court · Decided on 21 January 1910 · Citation: 6 Ind. Cas. 683(1)

HON’BLE JUDGES
Miller, J · Krishnaswami Aiyar, J

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Judgment

5 paragraphs · 120 words
1.

It was found in the former suit that the defendant had been in adverse possession of the house for more than 12 years before that suit. It follows

that he was in possession also of the site on which that house stands and this site is all that is in question in the present appeal. The plaintiff has not

in his plaint accounted for the possession of the defendant and that possession must, therefore, be held to be adverse to him.

2.

The suit is thus barred by limitation and we must allow the appeal and reversing the decree of the lower appellate Court restore that of the

District Munsif with costs here and in the lower appellate Court.