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Narasimmacharya Vs. Ragupathyacharya and ors. - Court Judgment

LegalCrystal Citation
SubjectLimitation;Civil
CourtChennai
Decided On
Judge
Reported in(1883)ILR6Mad176
AppellantNarasimmacharya
RespondentRagupathyacharya and ors.
Excerpt:
trespass to land - limitation act, 1377, schedule ii, articles 36, 37, 39, 40. - - as to damages, the seizure of the well was a trespass on immoveable property, and it continued to be a trespass until the possession of the trespasser came to an end;charles a. turner, kt., c.j. and muttusami ayyar, j.1. as the appellant had been disturbed in the enjoyment of his property by respondents, who claimed an adverse right, he was entitled to a declaratory decree. as to damages, the seizure of the well was a trespass on immoveable property, and it continued to be a trespass until the possession of the trespasser came to an end; the limitation for suits for compensation in such a case is three years, and for any damage which accrued within three years before 9th february 1880, the date on which suit was brought,' the respondents would be liable. the decree of the lower appellate court is set aside and the case remanded for retrial of the appeal. costs to follow the result.
Judgment:

Charles A. Turner, Kt., C.J. and Muttusami Ayyar, J.

1. As the appellant had been disturbed in the enjoyment of his property by respondents, who claimed an adverse right, he was entitled to a declaratory decree. As to damages, the seizure of the well was a trespass on immoveable property, and it continued to be a trespass until the possession of the trespasser came to an end; the limitation for suits for compensation in such a case is three years, and for any damage which accrued within three years before 9th February 1880, the date on which suit was brought,' the respondents would be liable. The decree of the Lower Appellate Court is set aside and the case remanded for retrial of the appeal. Costs to follow the result.


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