GOVERNMENT OF TAMIL NADU Vs. AROHIAMERRY

JUDGEMENT

(1.) The defendants are the appellants herein.

(2.) The plaintiffs filed O.S.No.303 of 1993 before the District Munsif Court, Manaparai for the relief of declaration of title and permanent injunction. The suit was dismissed. As against the same, the plaintiff filed A.S.No.50 of 2000 before Sub-Court, Trichirapalli. The learned Subordinate judge was pleased to set aside the judgment and decree of the trial Court and allowed the appeal and decreed the suit. As against the same, the present second appeal has been filed by the defendants.

(3.) The plaintiff had contended that he is in possession of the suit schedule properties for more than 35 years by putting up a house in the said property. He further contended that he is in possession of the said property for more than the statutory period. The plaintiff further contended that the second defendant has issued a notice under Sec. 7 of the Land Encroachment Act, under Exhibit A. 16 contending that the suit schedule properties are a pound. Hence, the plaintiff prayed for a declaration of title and permanent injunction. The plaintiff further contended that the suit schedule properties are occupied natham and hence, the defendant authorities are not empowered to invoke the Land Encroachment Act.