R. PALANISAMI Vs. SELVARAJ

JUDGEMENT

(1.) The plaintiff is the appellant before this Court. The suit for bare injunction is the subject matter of the Second Appeal. The parties are referred to in the same ranking as before the Trial Court. The brief facts necessary for appreciating the issue on hand is as follows.

(2.) The plaintiff had filed a suit for bare injunction restraining the defendants from interfering with his peaceful possession and enjoyment of the suit properties. The suit properties were comprised in S.No.1104/3 measuring 0.08.5 hectares and S.No.1104/6 measuring 0.680 hectares in Ukkram A Village, Sathyamangalam. It is the case of the plaintiff that the suit properties are Government Poramboku lands. One Thimma Nayakar son of Ranga Nayakar had encroached into the land in S.No.1104/6 and was cultivating the same. He had been paying B-memo charges every year. He left the village as he was unable to carry on cultivation.

(3.) The plaintiff's father was originally enjoying the land comprised in S.No.1104/3 and thereafter stopped cultivation. The plaintiff took both these lands and started cultivating the same. He was also paying B-memo charges in respect of these lands. Thereafter, the name of Thimma Nayakar was removed and the plaintiff's name was substituted in the B-memo. The plaintiff would further submit that he had been drawing water from his patta lands to cultivate these lands.