RANGANATHA PILLAI Vs. ANANDAN

JUDGEMENT

(1.) AS per the Order of the Hon?ble Chief Justice, these second appeal and writ petition were heard together and a common judgment is being delivered, since the issues in both these matters are one and the same.

(2.) RANGANATHA Pillai, the appellant herein filed the suit in O.S.No.228 of 1987 on the file of the District Munsif, Ranipet, for declaration of title and permanent injunction restraining the defendants/ respondents from interferring with the appellant's peaceful possession of the suit properties. The suit was resisted by the defendants/ respondents on the ground that the father of the defendants was recorded as a tenant and his name was registered as tenant in the Tenancy Rights Register and his name was also entered in the Gazette Notification and after death of the father, as legal heirs, the defendants have been cultivating the lands and as such, they are entitled to all the benefits and protection under the Cultivating Tenants Act. The trial court on 15.10.1990 dismissed the suit finding that the defendants are in possession and cultivating the lands as tenants of the properties. The plaintiff/ appellant filed an appeal before the District Court, Vellore in A.S.No.66 of 1991. But, the appellate court dismissed the appeal confirming the judgment and decree passed by the trial court. It is against these concurrent judgments, the present second appeal has been filed before this Court by the appellant/ plaintiff.

(3.) THE trial court on analysing the materials held that the plaintiff would not be entitled to the relief of permanent injunction, as there is no material to show that the plaintiff was even in possession of the suit properties and in the light of the materials produced by the defendants that there is a relationship of landlady and tenants between the said Kamalammal and the defendants, more so, when the dispute over the same was pending before the revenue forum. It further held that the suit properties were in continuous possession and enjoyment by the defendant's father from the beginning and after his death, by the defendants.