JOHN Vs. AMBILOTH KRISHNAN

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) The present defendant-assignee's appeal is directed against the judgment and decree passed by the High Court in second appeal by which it reversed the judgment and decree of the first Appellate Court by allowing the second appeal and decreeing the suit for partition.

(3.) The short facts are that the plaintiff first respondent claimed that the plaint schedule property was partible among himself and defendant nos. 1 to 3. The first defendant assigned the property on 1.7.1942. Since then it changed several assignees by registered deeds and finally came into the hand of the appellant through a registered assignment deed, Exhibit N-12, dated 13th November, 1974. I The suit for partition by plaintiff was contested by the present appellant that plaintiff and defendant nos. 1 to 3 are not in possession since 1942 and they lost their title by adverse possession.