VIVASAYA MANI Vs. AMBUR MUNICIPALITY

JUDGEMENT

(1.) THE Second Appeal has been filed against the judgment and decree, dated 30.1.2009, in A.S.No.12 of 2007, on the file of the Subordinate Judge, Thirupattur, confirming the judgment and decree, dated 6.11.2006, made in O.S.No.171 of 2005, on the file of the Principal District Munsif Court, Ambur.

(2.) THE suit had been filed praying for a judgment and decree to restrain the defendant therein and his men, from, in any way, interfering with the peaceful possession and enjoyment of the suit schedule property by way of a permanent injunction. THE plaintiff had stated that he had purchased the suit property by way of a sale deed, dated 30.11.1994, marked as Exhibit A.1. Since, the date of the purchase the plaintiff had been in possession and enjoyment of the property, without any interference. In one portion of the property he has put up a structure, wherein he is residing, along with his family members.

(3.) IT had also been stated that the suit property is a 'Natham Promboke'. The defendant had raised a loan to construct a commercial complex utilising a sum of Rs.10,00,000/-, under the combined small medium town development scheme, 2004-05. The property does not belong to the plaintiff and the defendant is having the right to construct a commercial complex in the suit property, which belongs to the defendant. At this stage of the hearing of the second appeal, it is also brought to the notice of this Court that the Ambur Municipality, the defendant in the suit, in O.S.No.171 of 2005, had filed a separate suit, in O.S.No.214 of 2005, on the file of the Principal District Munsif Court, Ambur, praying for a judgment and decree against the defendant declaring that the plaintiff municipality is the lawful owner of the suit property and for permanent injunction restraining the defendant and his servant from interfering with the plaintiff's peaceful right over the suit property.