M. JOHN SAMUEL Vs. MARIA ANTONY

JUDGEMENT

(1.) The plaintiff is the appellant herein.

(2.) The plaintiff filed O.S.No.33 of 2000 on the file of the Additional District Munsif Court, Srivilliputhur for the relief of declaration of title and permanent injunction. The suit was decreed as prayed for. Challenging the same, the defendant has filed A.S.No.24 of 2002 before the Sub Court, Srivilliputhur. The First Appellate Court allowed the appeal and dismissed the suit. As against the same, the plaintiff has filed the above second appeal.

(3.) The plaintiff had contended that he was originally allotted Plot No.6 in Survey No.328/3 by the Government of Tamil Nadu under Adidravidar Welfare Scheme by an order dtd. 18/1/1963. The plaintiff further contended that Plot No.18 was allotted to one Thangasamy who is the vendor of the defendant. The plaintiff instead of constructing his house in Plot No.6, by mistake, constructed a house in Plot No.18 in the year 1965. According to the plaintiff, he has constructed in the northern half of the plot. The plaintiff further contended that he has obtained a revenue Patta for the said property to an extent of 5 cents. According to the plaintiff, the defendant approached the Adidravidar Welfare Department to evict the plaintiff. The District Revenue Officer, Ramnad had conducted an enquiry and he passed an order allotting Plot No.18 to the plaintiff and cancelled the earlier allotment of Plot No.18 in favour of the said Thangasamy. Hence, the Thangasamy has no right, title or possession over Plot No.18. The said Thangasamy managed to get a joint patta in his favour. The plaintiff further contended that the Thangasamy has sold a portion of the suit schedule property to the defendant and the defendant started to disturb his possession and hence, the present suit for declaration of tile and permanent injunction.