Alagiri Chetty And Anr. vs Muthuswami Chetty And Ors. on 2 August, 1939
Whether Alagiri Chetty v. Muthuswamy Chetty (1940) 50 L.W. 571, was correctly decided or not, the present case is distinguishable. The property vested solely in the first respondent on the death of Janaki Bai. The person to sue and the person to be sued being one and the same person, the owner must be deemed to have regained possession thus putting an end to any prior hostile title. I am therefore of the opinion that the view taken by the lower appellate Court that the 1st respondent did not acquire title by adverse possession as against reversionary heirs is correct.