PEDHU KONAR AND ORS. Vs. JAGADEESAN AND ORS.

JUDGEMENT

(1.) The plaintiffs who had lost successively both before the trial Court and the first Appellate Court in their suit for declaration that earmarking of the suit properties which they had purchased as common area in the layout approved as LPTP 29/1974 by the Deputy Director of Town and Country Planning is void, are the appellants herein. Parties would be referred to by their rank before the trial court.

(2.) The brief facts as disclosed by the plaint are:

(3.) The trial Court dismissed the suit in entirety. The plaintiffs preferred first appeal in A.S. No.42 of 2002 before Principal Subordinate Judge, Virudhachalam. The first Appellate Court had entered a finding that the sale under Ext.A.1 was long prior to the approval of the layout and upheld the sale. However, it dismissed the suit as concerning A schedule property on the ground that the first plaintiff has not chosen to seek a declaration of his title when his title was threatened by the action of the Authorities. So far as B and C schedule properties are concerned, the first Appellate Court confirmed the decree of the trial Court. The plaintiffs therefore have preferred this second appeal.