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NuradIn Kasim Vs. Morris Sebastian Pereira - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtChennai
Decided On
Judge
Reported in6Ind.Cas.683a
AppellantNuradIn Kasim
RespondentMorris Sebastian Pereira
Excerpt:
adverse possession - house and site--possession of house is possession of site. - 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.
Judgment:

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.


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