LAWS(SC)-2007-1-90

KRISHNANANDA Vs. KATTU SIVA ASHRAM

Decided On January 18, 2007
KRISHNANANDA Appellant
V/S
KATTU SIVA ASHRAM Respondents

JUDGEMENT

(1.) The defendant No. 4 in the original suit is the appellant before us. The plaintiff is the first respondent herein. The suit of the original plaintiff was dismissed. The defendant No. 4 did not prefer any appeal thereagainst.

(2.) Appellant claimed title over the land by adverse possession. The said claim was negatived by the learned Trial Judge. The First Appellate Court, however, opined that both the plaintiff (respondent No. 1 herein) and defendant No. 4 (appellant herein) had not acquired any title to the property.

(3.) Aggrieved by certain findings arrived at by the First Appellate Court, the appellant preferred a second appeal before the High Court of Madras which was dismissed summarily. The High Court opined that as defendant No. 4 did not file any suit nor the Trial Court having given any relief in that behalf, the appeal was not maintainable.