MUTHULAKSHMI Vs. ANGARAI VILLAGE PANCHAYAT

JUDGEMENT

(1.) G.R.SWAMINATHAN 1. The second plaintiff in O.S.No.492 of 1995 on the file of the District Munsif Court cum Judicial Magistrate, Lalgudi, is the appellant herein. Along with one Narayanan, the said suit was filed for the relief of permanent injunction restraining the local panchayat from interfering with the plaintiff's possession and enjoyment of the suit property. The defendant panchyat submitted that the suit property is a natham poromboke and that it belongs to the local panchayat. The suit property was never in the enjoyment of the plaintiffs or their predecessor-in-title. The local body is utilizing the suit property for dumping garbage. According to the defendant, the plaintiffs are not entitled to any relief. Based on the divergent pleadings, the trial court framed the necessary issues. The first plaintiff examined himself as P.W.2, while the appellant's husband was examined as P.W.1. Ex.A1 to Ex.A4 were marked. On the side of the defendant, panchayat staff were examined. Ex.B1 to Ex.B4 were marked. An advocate commissioner was appointed and his report and plan were marked as Court Ex.X1 and Ex.X2. After a consideration of the evidence on record, by judgment and decree dtd. 30/11/1998, the suit was dismissed. Challenging the same, the plaintiffs filed A.S.No.18 of 1999 before the Sub Court, Tiruchirappalli. By judgment and decree dtd. 22/4/2002, the decision of the trial court was confirmed and the first appeal was dismissed. Challenging the same, this second appeal came to be filed by the second plaintiff. This was because during the pendency of the suit, the first plaintiff had parted with his right in the suit property in favour of the second plaintiff. The second appeal was admitted on the following substantial question of law:- "Whether the judgment and decree of the courts below are sustainable in law as they not considered the entire evidence available on record correctly and the question of law applicable to the facts of the case?"

(2.) The learned counsel appearing for the appellant reiterated all the contentions set out in the memorandum of grounds and called upon this court to answer the substantial question of law in favour of the appellant and decree the suit as prayed for by setting aside the impugned judgment and decree.

(3.) Per contra, the learned counsel appearing for the panchayat/first respondent submitted that the very framing of the suit was improper. The suit property is a vacant site. The suit property has been used by the local body as a dumping site. A perusal of the report of the advocate commissioner would show that the suit property is situated outside the compound wall of the plaintiffs. If the plaintiffs had sought the relief of declaration, it would be a different matter altogether. The plaintiffs have filed the suit for injunction simpliciter. That the suit property has been put to use as dumping yard has been amply established by examining sanitary workers employed by the panchayat. That is why, the courts below have concurrently found against the plaintiffs. He submitted that exercising jurisdiction under Sec. 100 of C.P.C., the impugned judgment and decree do not warrant any interference.