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.