KANAGASABAI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The Second Appeal is directed against the concurrent finding of the Courts below, dismissing the suit filed by the appellant for Mandatory Injunction to direct the respondents herein to issue patta for the suit property in his name by reclassifying the land in question as Ayan Punjai .

(2.) The case of the appellant is that, 1.24.5 Hectares of land in new S.No. 113/11 at Thenkuthu village, Kurinjipadi Panjayat Union, Cuddalore District originally belonged to Arunachala Samuttiyar, which he got it under an Exchange Deed on 29/08/1929 from one Thalayari by name Venkatachala Samban. Arunachala Samuttiyar sold the suit property to one Ramalinga Padaiyatchi on 12/10/1932 who in turn re-sold the property to Arunachala Samuttiyar on 06/09/1948. From Arunachala Samuttiyar, the suit property was purchased by Kumarasamy Padaiyatchi on 05/12/1953. The said property was sold to Vairakkannu Chettiar on 11/02/1958 and sold to Ranganatha Samuttiyar, S/O Arunachala Samuttiyar on 10/09/1960. From Ranganatha Samuttiyar and his brothers Dhanabakiyammal purchased the property on 11/07/1974 and sold it to the appellant on 31/12/2002. Since then the appellant is in possession and enjoyment of the suit property, having raised cashew crops in the said land.

(3.) Relying upon the sale deeds reflecting the above said transactions and the patta in the name of Ranganatha Samuttiyar, chitta and adangal for intermittent periods and on the basis of tax receipts, the appellant had contended that, the respondents, who the Revenue Authorities erred in classifying the land as prombokku instead of Punjai and had mentioned it as "Nilavilyal Kalanguthu" in the 'A' register. On coming to know about the error in the 'A' register, the appellant gave a representation on 06/11/2003 for rectification of the error. The said representation was rejected by the second respondent (Revenue Divisional Officer, Cuddalore).Hence, after issuance of pre-suit notice under Section 80 of the Civil Procedure Code, suit laid.