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Ramasami Vs. Gundappa and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported in(1897)7MLJ49
AppellantRamasami
RespondentGundappa and ors.
Excerpt:
- 1. the appellant built upon the land found to be the respondents' property in spite of a notice from the latter objecting to the erection of the building. under these circumstances the appellant cannot be allowed to rely upon the lapse of time before the institution of the suit in which possession founded upon his title was sought.2. as to the objection that the munsif had no jurisdiction, it is to be observed that the buildings did not form part of the subject-matter of the suit. the munsif had therefore jurisdiction to try the ease.3. the second appeal fails and is dismissed with costs.
Judgment:

1. The appellant built upon the land found to be the respondents' property in spite of a notice from the latter objecting to the erection of the building. Under these circumstances the appellant cannot be allowed to rely upon the lapse of time before the institution of the suit in which possession founded upon his title was sought.

2. As to the objection that the Munsif had no jurisdiction, it is to be observed that the buildings did not form part of the subject-matter of the suit. The Munsif had therefore jurisdiction to try the ease.

3. The second appeal fails and is dismissed with costs.


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