M DURAI Vs. MADHU

JUDGEMENT

(1.) The plaintiff is in appeal before us from a judgment and decree dated 16-2-1999 passed by the High Court of Judicature at Madras in Second Appeal No. 671/87 whereby and whereunder the appeal preferred by the respondents herein from a judgment and order dated 25-11-1986 of the Subordinate Judge, Tiruvallur, Tamil Nadu which in turn reversed the judgment and decree dated 10-9-1984 dismissing the suit of the appellant was allowed. The plaintiff claimed title over the suit property by reason of a deed of sale dated 19-8-1978. The respondents, admittedly, are in possession of the said property. As the respondents refused to vacate the suit land, the aforementioned suit was filed. The respondents in their written statement, inter alia, contended as follows :

(2.) The learned trial Judge framed several issues; one of them being "Whether the defendants perfected title to the suit property by adverse possession -

(3.) As indicated hereinbefore, the learned trial Judge dismissed the suit of the appellant holding that the defendants have perfected their title by remaining in possession of the suit land for a period of more than twelve years. In the appeal preferred thereagainst by the appellant, the Subordinate Judge, Tiruvallur reversed the said findings of the learned trial Judge holding as follows :