M K VEERARAGHAVA CHARIAR Vs. AKRISHNAMACHARIAR

JUDGEMENT

(1.) There is no finding by the District Judge on the plea of adverse possession set up by the defendant, and embodied in issue No. 3, though this was made the 7th ground of appeal before him. It appears to have been overloked. We must call for a finding on this point.

(2.) As regards limitation, the appellant s Valcil urges that the original order of the survey officer adverse to the plaintiff was dated 31st Oct ber 1908, and that Exhibit C is only an order on his (appellant s) appeal and will not give the respondent a starting point for limitation under Section 13 of Madras Act IV of 1897. The respondent has now been allowed to file a public copy of an appeal petition filed by him against the Survey Officer s order (Exhibit D) and he represents that this appeal also was disposed of by Exhibit C.

(3.) As the facts are not clear, we must call for a finding: "Was there any decision of an appellate authority adverse to the plaintiff within the meaning of Section 13 of Madras Act IV of 1897, which he might take as a starting point of limitation under that section, and if so, of what date?"