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september 1965

Supreme Court of India · 1965-09-23

SRI SARANGADEVAR PERIA MATAM AND ANOTHER vs RAMASWAMY GOUNDER (DEAD) BY LEGAL REPRESENTATIVES

Citation / case number
SC 1963/214
Court
Supreme Court of India
Petitioner
SRI SARANGADEVAR PERIA MATAM AND ANOTHER
Respondent
RAMASWAMY GOUNDER (DEAD) BY LEGAL REPRESENTATIVES
Bench
BACHAWAT, R.S.

Judgment text excerpt

The Supreme Court ruled that the lease granted by the mathadhipathi in 1883 terminated upon his death in 1915 due to the absence of legal necessity, thus allowing the respondent's possession to be deemed adverse. The Court held that the time for claiming recovery of the properties under Article 144 of the Indian Limitation Act, 1908 commenced in 1915, and the absence of a legally appointed mathadhipathi did not prevent the running of limitation. Consequently, the respondent acquired title by prescription, extinguishing the math's title to the properties in 1927 under Section 28 and Article 144.

SRI SARANGADEVAR PERIA MATAM AND ANOTHER vs RAMASWAMY GOUNDER (DEAD) BY LEGAL REPRESENTATIVES · Niyam