CHINNATHAMBI Vs. NESAPPU

JUDGEMENT

(1.) The plaintiff is the appellant herein.

(2.) The plaintiff filed O.s.No.855 of 1988 before the II Additional District Munsif Court, Kuzhithurai for the relief of permanent injunction over 'B' schedule property or to commit any waste for 'B' schedule property by cutting and removing trees. The trial Court dismissed the suit. The plaintiff had filed A.S.No.126 of 2000 before the Sub Court, Kuzhithurai. The learned Subordinate Judge dismissed the appeal, confirming the judgment and decree of the trial Court. As against the concurrent finding, the plaintiff had filed the above second appeal.

(3.) The plaintiff has contended that the plaint 'A'schedule property is the patta land and 'B'schedule property lies on the east of the 'A' schedule property. According to the plaintiff, 'B' schedule property is a Government Poromboke. The plaintiff further contended that 'B' schedule property lies between A and C schedule properties. The 'B' schedule property is a narrow strip of land in which valuable trees are planted by the plaintiff and the plaintiff is in possession and enjoyment of the 'B' schedule property along with his patta land located in 'A' schedule property. The plaintiff further contended that 'B' memo has been issued by the official defendants and he is also paying tax for the said 'B' schedule property. The plaintiff further contended that 'C' schedule property is a part of 'B' schedule property. The plaintiff is having separate 'B' memo for the said 'C' schedule property. The plaintiff further contended that the defendants have no right or possession, title over 'B' schedule property and they are making attempt to make undue claim over 'B' schedule property by cutting and removing valuable tress. Hence, the plaintiff prayed for permanent injunction as against the defendants 1 and 3 who are the private parties and defendants 4 to 8 who are the official defendants.