MUTHU Vs. M DURAI

JUDGEMENT

(1.) THE defendants, who was successful in the trial Court and lost in the First Appellate Court are the appellants.

(2.) THE respondent/plaintiff filed a suit for declaration of title to the suit property and for recovery of possession.

(3.) THE trial Court dismissed the suit holding that the plaintiff/respondent has no title to the suit property and the plaintiff's vendor conveyed only an extent of the property excluding, the property in the possession of the appellants/defendants and the defendants were also having title and possession. THE First Appellate Court set aside the findings of the trial Court and decreed the suit holding that the plaintiff proved his title to the suit property and the defendants/appellants did not prove adverse possession by stating the period from which they are in possession of the property adverse to the knowledge of the plaintiffs and allowed the appeal and decreed the suit. Aggrieved by the same, this second appeal was filed by the defendants and that appeal was allowed by this Court by judgment, dated 16.08.1999 and the respondent/plaintiff filed SLP against the said judgment and decree and the Hon'ble Supreme Court granted leave and allowed the Civil Appeal No.6195 of 2000 and set aside the judgment of this Court, dated 16.02.1999 and remitted the matter to this Court for re-consideration of the 2nd appeal afresh, after formulating proper substantial questions of law arising if any. THErefore, this second appeal has come up for hearing after the remit by the Hon'ble Supreme Court.