MADHAVAN NAIR Vs. KARTHIYANIAMMA

JUDGEMENT

(1.) The only question arising for decision in this Second Appeal is whether the appellant (first defendant) has perfected a title by adverse possession as regards the disputed plot which is delineated in the plan Ext. B. The lower appellate Court agreed with the finding of the Trial Court that the possession of the defendant was not adverse to the plaintiff "as both parties were not aware of the exact extent of the property owned by them until 1116" and dealt with the question as follows:

(2.) The view adopted, namely, that possession under a mistaken impression that the land belonged to the claimant himself cannot be deemed to be adverse is not correct. The law on the subject is summarised as follows in Wood, Limitation of Actions, Volume 2, page 1276:-

(3.) In 46 Indian Cases 964 Bhadilal, J. said: