KUNHAMMED Vs. PATHUMOTTI

JUDGEMENT

(1.) Defendants 1 to 3, 5 to 11, 47 to 49 and 51 in O. S.688 of 1965 in the Court of the Munsiff of Payyoli are the appellants. The suit was for partition and separate possession of plaintiffs' 7/52 shares in plaint A and B schedule properties.

(2.) The questions formulated by this Court at the time of admission are: (1) Are the rights of the plaintiffs respondents barred by adverse possession and limitation. (2) Is the principle laid down in ( 1977 (2) SCC 155 ( AIR 1977 SC 1011 ), Para 15 applicable to the facts of the case.

(3.) If the answer to question No. 2 is in the affirmative, then only the first question need be considered.