Agreement of reconveyance entered into between plaintiff and first defendant that if first defendant pays property should be reconveyed - First defendant admitted execution of sale deed and agreement of reconveyance, cannot be permitted to adduce evidence contrary to the recitals that sale is a nominal one executed only as a security in respect of the loan transaction - suit based upon Title - It is not necessary for plaintiff, to prove he was in possession and enjoyment of the suit property for a period of 12 years, prior to the institution of the suit .

Citation

2017-3-L.W. 349

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Reserved on: 07.02.2017

Pronounced on : 14.02.2017

S.A.No.732 of 2011

T.Ravindran, J.

Rajmohan.         .. Appellant

Vs.

Venkatachala Padayaachi (Deceased) & others.                    ... Respondents

Adverse possesion/suit based on Title, proof of

Limitation act (1963), Article 65Evidence act, Section 92

Suit based on Title – Sale deed whether nominal transaction - Loan transaction Proof of - Failure to pay - Re-conveyance deed - Effect of - Contrary evidence whether can be givensuit property belonged to first defendant- Agreement of reconveyance entered into between plaintiff and first defendant that if first defendant pays property should be reconveyed Para 4

 First defendant admitted execution of sale deed and agreement of reconveyance, cannot be permitted to adduce evidence contrary to the recitals that sale is a nominal one executed only as a security in respect of the loan transaction Para 10

plea of adverse possession - suit based upon Title - It is not necessary for plaintiff, to prove he was in possession and enjoyment of the suit property for a period of 12 years, prior to the institution of the suit - Defendants to establish that their possession had been adverse for 12Para 16