VENKATESA PILLAI Vs. K SABAPATHI CHETTIAR DIED

JUDGEMENT

(1.) The Second Appeal has been admitted on the following substantial questions of law:

(2.) Mr.Veeraraghavan, learned counsel for the appellant submits that the case of the plaintiff is that he was in possession of the suit property for more than twelve years, the statutory period, and therefore he becomes the owner by adverse possession. Further, when he was in possession of the property, the respondents herein encroached into the property and therefore he filed a suit both for declaration as well as recovery of possession of B.-Schedule property; The trial Court rightly decreed the suit as prayed for but the Appellate Court reversed the findings and dismissed the suit and hence it is liable to be set aside.

(3.) The appellate Court has held that the only document filed to prove the possession are Ex.A8 and A9, House Tax receipts for the period relating to 74-75 to 84-85, the tax has been paid on a single day for the entire period; hence the appellate Court has rightly held that no value can be attached to that for proof of continuous possession. Learned counsel referred to the Judgement of the Supreme Court in Nair Service Society Vs. K.C. Alexander (1968 S.C. 1165) and submitted that a person in possession of land has a good title against all the world except the true owner; and hence, between the two trespassers, the trespasser who is in possession from an earlier date gets better title than the trespasser trespassed into the property on the subsequent date; Therefore, even assuming that the declaratory prayer cannot be granted, yet the appellate Court should have granted the prayer for recovery of possession.