RUKMANIAMMAL Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) The case has been heard through video conference Heard the Learned Counsel for the Appellant and the Learned Government Advocate for the respondents.

(2.) The plaintiff in the suit is the Appellant. The suit for injunction in respect of two items of the property at Perumangalam Village, Kodavasal Taluk. The relief sought by the Appellant was considered by the Trial Court and granted injunction granted against the respondent herein in respect of 10 cents of land, for which the plaintiff was able to prove title through sale deed marked as Ex.A.1 and possession through the Tax receipts. Whereas, in respect of i.e., 2-2/3 cents, which is adjacent to the item No.1 of the property was held to be a Poramboke land and therefore, the trial Court, after observing that the appellant herein though in possession of 2-2/3 cents, however, not entitled for injunction since the title is not with her. Further, it also observed that as far as item No.2 of the property (2-2/3 cents) is concerned, the respondents herein shall not evict her without following due process of law.

(3.) On appeal preferred by the Appellant/plaintiff in respect of the disallowed portion, the Appellate Court re-appreciated the evidence and held that as far as item No.1 of the property i.e., 10 cents of land, there is no dispute regarding the title and possession, hence, the Trial Court decree in respect of 10 cents of the land was confirmed.