STATE OF TAMIL NADU Vs. MARIMUTHU

JUDGEMENT

(1.) This appeal arises out of the Judgment and Decree passed in A.S.No.49 of 2006 by the Sub Court, Namakkal, confirming the Judgment and Decree made in O.S.No.107 of 2001 by the Principal District Munsif, Namakkal.

(2.) Facts in brief:-

(3.) According to the plaintiffs, their vendor Mr.P.L.Lakshmi Narasimman owned 42.33 acres in S.No.252/2A and proceedings were initiated against him under the Land Reforms Act and eventually out of 42.33 acres, it was held that he is entitled to hold 37.50 acres in S.F.No.252/2A and the remaining 4.83 acres were declared as surplus and it was subdivided as S.No.252/2B. After the sub division, the plaintiffs purchased the lands in S.No.252/2A and no property was purchased by them in S.No.252/2B which was declared as surplus. While so, the second defendant without having any power, by an order dated 20.02.2001, sub-divided the land S.No.252/2A17A and assigned S.No.252/4 as if the plaintiffs own 1.92 acres only.