PANDURANGAN Vs. SAKKUBAI

JUDGEMENT

(1.) THE plaintiff in the suit is the appellant herein.

(2.) THE plaintiff filed the suit against the defendants for declaration and injunction. The suit was decreed by the trial Court. However, in the appeal filed by the defendants before the first appellate Court, the appeal was allowed, setting aside the judgment and decree of the trial Court. Hence, this second appeal by the plaintiff.

(3.) THE case of the plaintiff is as follows: the suit property was originally settled in favour of the mother of the plaintiff. After her death, the plaintiff has been in possession and enjoyment of the suit property. When the defendants disturbed the possession, the plaintiff earlier filed the suit in O. S. No1434 of 1974 for declaration and injunction. Ultimately, that suit was dismissed, holding that the plaintiff would be entitled to 1/3 share and the defendants therein would be entitled to 2/3 share. Even after the dismissal of the earlier suit, the plaintiff has been in possession and enjoyment of the suit property, openly to the knowledge of the defendants. No steps have been taken by the defendants to recover the property. Hence, the plaintiff filed the present suit for declaration and injunction on the ground that any right which accrued to the defendants stood extinguished by efflux of time and as such, the plaintiff prescribed his title by adverse possession.