M S JAGADAMBAL Vs. SOUTHERN INDIAN EDUCATION TRUST

JUDGEMENT

(1.) This appeal by Special Leave has been preferred against the judgment dated August 2, 1971 passed by the High Court of Madras in O.S.A. 37 of 1963.

(2.) The facts briefly stated are Under Exhibit P. 2 dated May 24, 1929 Nagappa Naicker purchased from Manicka Naicker and his sons nanja lands in old Survey Nos. 187 and 188 (R. S. No. 3859) an extent of about 3/8 cawnie, roughly about 9 grounds for Rs. 275/-. It was recited in the document that the property was not fetching any income, that irrigation from the tank had failed and that as the property was a pit which required Rs. 2,000/- to fill, it was sold for meeting certain family expenses. The boundary of the property was given as north of Government Maclean's Garden, west of the fields of Thanappa Naicker and Srinivasa Naicker, south of the field of Srinivasa Naicker, and last of the road, Ramanatha Mudaliar's vacant land and Masilamani Gramani's house. It may be noted that the resurvey number was given as 3859.

(3.) On May 14, 1941 Nagappa died. Jagdambal appellant is the widow of Nagappa. She instituted the suit C. S. No. 52/1960 which was tried on the original side of the Madras High Court. The suit was for recovery of the land purchased under Ex.P2 by her husband, and for mesne profits with other connected reliefs. She alleged that the property was in possession and enjoyment of Nagappa during his lifetime and subsequently in her possession and enjoyment. It was her case that neighbouring land owner South India Education Trust ('SIET') trespassed and encroached upon the suit property taking advantage of her helpless condition as a widow. The SIET is the 5th defendant in the suit.