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PETITIONER: P. LAKSHMI REDDY
Vs.
RESPONDENT: L. LAKSHMI REDDY
DATE OF JUDGMENT: 05/12/1956
BENCH: JAGANNADHADAS, B. BENCH: JAGANNADHADAS, B. SINHA, BHUVNESHWAR P. IMAM, SYED JAFFER
CITATION: 1957 AIR 314 1957 SCR 195
ACT: Adverse Possession-Possession of co-heir, when adverse- Ouster-Possession of Receiver pendente lite, if can be tacked.
HEADNOTE: V died an infant in 1927 and H, an agnatic relation. filed a, suit for the recovery of the properties belonging to V which were in the possession of third parties, on the ground that he was the sole nearest male agnate entitled to all the properties. During the pendency of the suit a Receiver was appointed for the properties in February, 1928. The suit having been decreed H obtained possession of the properties from the Receiver on January 20, 1930, and after his death in 1936, his nephew, the appellant, got into possession as His heir. On October 23, 1941, the respondent brought the present suit for the recovery of a one third share of the properties from the appellant on the footing that he and his brother were agnatic relations of V of the same degree as H, that all the three were equal co-heirs of V and that H obtained the decree and got into possession on behalf of all the co-heirs. The appellant resisted the suit and contended that the respondent lost his right by the adverse possession of H and his...