LAWS(MAD)-2008-9-386

MATHI ALIAS VARADHARAJULU Vs. VARADHARAJAN

Decided On September 01, 2008
MATHI ALIAS VARADHARAJULU Appellant
V/S
VARADHARAJAN Respondents

JUDGEMENT

(1.) THE unsuccessful 1st defendant is the appellant.

(2.) THE suit in O.S.No. 206 of 1991 was filed for recovery of possession of the suit property described in Red and Blue in the rough sketch appended to the plaint which has been allegedly encroached by the defendants.

(3.) BOTH the Courts below have found that the plaintiff had proved his title to the suit property and the defendants had not proved their case of compromise following the mediation in the year 1962 and the defendants were found to have encroached upon the property in question as found in the Advocate Commissioner's report and rough sketch that the defendants were also not entitled to the said property through prescriptive title by adverse possession and that the trial court passed the decree for recovery of possession in favour of the plaintiff which was subsequently confirmed by the first appellate Court also.