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Supreme Court of India · 01/08/2022

RAGHAVAN SASIKUMAR versus PARAMESWARAN NADAR SATHYANANADHAN NADAR KANAKOTTU PADIPPURA VEEDU AND ORS.

[2022] 6 S.C.R. 830 · 2022 INSC 773

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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

  1. 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.
  2. 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

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.

Judgment PDF: Supreme Court of India, [2022] 6 S.C.R. 830.