Summary
In a 1961 suit, the plaintiffs' predecessor had been declared to have title to and possession of 2 acres 35 cents. The plaintiffs later sued for leave to put up a boundary, conceding 10 cents each to two defendants as kudikidappukars and claiming the rest. Reversing concurrent dismissals, the High Court decreed the suit, holding that the kudikidappukars could not hold more than 10 cents each. The Supreme Court held that the plaintiffs could fence only within the 2 acres 35 cents declared in 1961. Possession beyond that was unauthorised, and allowing a boundary beyond it would in effect confer title contrary to the earlier decree. In a suit only for putting up a boundary, the High Court could not determine the kudikidappukars' entitlement in second appeal. The dismissal of the suit was restored.
Issues
- Whether plaintiffs whose predecessor's title was declared to 2 acres 35 cents could be permitted to put up a boundary over a larger area found in their possession.
- Whether, in a second appeal in a suit for putting up a boundary, the High Court could hold that the defendants as kudikidappukars were entitled to only 10 cents each.
Held
- The earlier decree in O.S. No. 833 of 1961 declared the plaintiffs' predecessor entitled to only 2 acres 35 cents. The plaintiffs may protect their possession by fencing only within that extent; a boundary beyond it would run contrary to that decree and in effect confer title beyond it. (¶¶ 4, 6)
- Even if the Commissioner's report showed the plaintiffs in possession of 2 acres 77 cents, possession beyond 2 acres 35 cents was unauthorised. It gave no right to put up a boundary over the excess. (¶¶ 5, 6)
- In a suit seeking only permission to put up a boundary wall or fence, the High Court in second appeal could not record a finding that the defendants were entitled to only 10 cents as kudikidappukars. (¶ 7)
Result
Appeal allowed. The High Court's judgment was set aside and the trial court's decree dismissing the suit, as confirmed by the first appellate court, was restored. No order as to costs.