JOHN SYLEM Vs. CHANTHANAMUTHU PILLAI DIED

JUDGEMENT

(1.) This appeal is by the plaintiff who had brought the suit O.S. No.106 of 1969 on the file of the Subordinate Judge, Nagercoil seeking the relief of declaration of his title and possession of the plaint schedule property and for other reliefs. The order under appeal is reported in (1997) II MLJ 537 (John Sylem vs. Chanthanamuthu Pillai).

(2.) The title claimed by the plaintiff rested upon the document Ex.A.1 dated 10.03.1969 in which the property was described thus:

(3.) That the purchase made for Rs.10,000/- of over 100 acres of forest land - the precise area not having been stated, was entirely at the risk of the buyer, was set out in the sale deed itself : "The vendee can take all necessary action of her liability for the enjoyment of the property and for protecting her title. The vendor will not be held responsible for any action or loss." The vendor did not put the vendee in possession, as he was himself not in possession and there was litigation pending between him and the State. Lekkom 28 of which this property is stated to be a part stretches over 18 miles, and has more than 10,000 acres.