LAWS(MAD)-1999-1-44

LOURDUMARI Vs. L JAYACHANDRA BABU

Decided On January 13, 1999
LOURDUMARI Appellant
V/S
L. JAYACHANDRA BABU Respondents

JUDGEMENT

(1.) THE 12th claimant in LAOP No.150 of 1979 on the file of the Sub court, Krishnagiri, whose claim had been negatived by the two courts below, is the appellant in this second appeal. THE appeal arises out of a reference made by the Land Acquisition Officer under section 30 of THE Land Acquisition Act.

(2.) HEARD Mrs. Krishnaveni for the appellant and Mr.V.T. Gopalan, senior counsel appearing for Mr.C.R. Muralidharan for the respondents. At the time of admission the following two substantial questions of law were framed by this Court: (i) Whether Ex.B. 1 is a benami purchase in the name of Swamikannu for the benefit of Guruswamy Naidu" (ii) Whether the finding that Respondents 1 to 11 have prescribed title by adverse possession is based on no evidence"

(3.) PER coutra Mr.V.T. Gopalan the learned counsel appearing for the claimants 1 to 11 pointed out that there is no quarrel with respect to the proposition of law laid down in the said pronouncements which in turn follow the decision of the Supreme Court. It was contended that the findings by the two courts below being concurrent this Court will not interfere with the findings and this Court has to confirm the findings that the purchase under Ex.B1 is benami for Gurusamy Naidu, the then owner of Rangavilas Bus Company.