DEVADAS AND ORS Vs. SADANANTHAN AND ORS

JUDGEMENT

(1.) Challenge in this second appeal is to the concurrent Judgments and decrees passed in Original Suit No.92 of 2004 by the First Additional District Munsif Court, Kuzhithurai and in Appeal Suit No.91 of 2005 by the Sub Court, Kuzhithurai.

(2.) The respondents herein as plaintiffs have instituted Original Suit No.92 of 2004 on the file of the trial Court for the reliefs of recovery of possession and also for future mesne profits, wherein the present appellants have been shown as defendants.

(3.) It is averred in the plaint that the suit property is comprised in R.S.No.862/1 admeasuring 50 cents and its old Survey Number is 3025/1. The suit property is a Government poromboke land and one Krishnan Nadar, S/o. Velayudhan Nadar has entered into the suit property and its adjoining land and he reclaimed the same and made it fit for cultivation and on 19.05.1986 he sold the suit property in favour of the plaintiff for a sum of Rs.11,000/- towards cost of land and Rs.9,000/- towards trees. The plaintiffs have been put in possession of the suit property. After getting necessary permission, the plaintiffs have put up a building in the suit property and the same has been assessed to tax and Door Number is 2/53C. On 08.06.1987 at about 08.30 A.M., the defendants have forcibly entered into the suit property. Since the plaintiffs belong to minority community, they have not been able to restrain the defendants. Under the said circumstances, the present suit has been instituted for the reliefs sought for in the plaint.