KALAMANI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This appeal is directed against the Judgment and Decree passed in A.S.No.29 of 2015 by the Sub Court, Arakkonam.

(2.) The unsuccessful plaintiff in O.S.No.114 of 1998 is the appellant herein. The suit was filed for declaration of title of the plaintiff over the suit property and for permanent injunction. It is the case of the plaintiff that the suit property originally belonged to one Ranganayaki Ammal, by virtue of a registered sale deed, dated 15.12.1952 and she was in undisrupted possession and enjoyment of the same. On her death, her legal-heirs acquired the right and enjoyed, thereafter vide registered sale deed dated 29.10.1959, sold it to one Saraswathiammal, who is none other than the plaintiff's mother. She was also in possession and enjoyment of the property and by a registered settlement deed, dated 30.08.1978, her mother Saraswathiammal joining with her husband Bakthavatchalu Naidu, settled the suit schedule property in favour of the plaintiff. As such, she became the absolute owner of the property and she is in possession and enjoyment of the same.

(3.) It is further averred in the plaint that the plaintiff got building plan approval in the year 1991 and by spending huge amount, she demolished the existing building and constructed the shops in the property in dispute. It is also stated that she has been paying necessary property tax and other taxes for the suit property. While so, on 09.06.1997, the second and third defendants along with their subordinates attempted to demolish the suit mentioned property saying that it was encroached in the streets. It is alleged that the building is in existence in the very same location for more than 60 years and at no point of time, any claim has been made by the defendants and even if there is any encroachment, an opportunity should be given to the plaintiff by serving notice under Section 7 of the Tamil Nadu Land Encroachment Act. But no notice was served on her nor any enquiry was conducted. Hence, she filed a Writ Petition No.8404 of 1997 and as per the order of this Court, dated 07.01.1998, the present suit has been filed. The plaintiff had withdrawn the earlier suit in O.S.No.99 of 1997.