N. PONNAMBALAM Vs. UNION OF INDIA (UOI), REP. BY UNION OF TERRITORY OF PONDICHERRY BY ITS ADMINISTRATOR LT. GOVERNOR OF PONDICHERRY,

JUDGEMENT

(1.) THE aggrieved plaintiff in A.S.72, 132 and 137 of 1999 on the file of District Judge at Pondicherry has preferred the present appeals aggrieved against the judgment and Decree dated 30.03.2001 remanding the matter to the trial court, namely, Principal District Munsif Court, Pondicherry for retrial.

(2.) THE case in brief is as follows: - The plaintiff filed a suit for declaration that he is the absolute owner of the suit property and also for permanent injunction restraining defendants 5 and 6 from interfering with the suit property. It originally belonged to one Thalayari Velayudham, from whom his son Ponnappa Gounder inherited the property. Ponnappa Gounder had two sons, namely, Chinnathambi Gounder and Subbarayan and as Subbarayan died issueless, the suit property was inherited by Chinnathambi Gounder. He mortgaged the property in favour of Ramarathinam Pillai on 29.06.1895, but the mortgage got extinguished because of lapse of time and the mortgagee also failed to take steps to recover the money. Chinnathambi Gounder became the absolute owner of the property and he contributed a portion of income to maintain the Arulmigu Mariamman Koil situate at Pudhupettai in Paimash No.3149, Cadastre No.966 to 968 and R.S.No.92/3. On the death of Chinnathambi Gounder, Natesa Gounder succeeded to the property. Natesa Gounder had 2 sons, namely, the plaintiff and one Subburathinam. By virtue of the release deed executed by Subburathinam, the plaintiff became the absolute owner of the property. Thereafter, the plaintiff filed O.S.No.308 of 1981 on the file of Additional Sub Court, Pondicherry for permanent injunction against one Rajarathinam and 4 others and the suit was decreed. The appeal No.181 of 1985 was allowed and the matter was remanded back to the trial court and finally the suit was decreed on 22.09.1989 declaring the plaintiff as the legal heir and the successor -in -interest to the estate of Chinnathambi Gounder.

(3.) THE 5th defendant filed a suit in O.S.358 of 1991 before II Additional District Munsif Court, Pondicherry against the 6th defendant for permanent injunction in respect of the suit property and on coming to know, the plaintiff filed I.A.5439 of 1991 to implead him as a party and as it was dismissed, he filed CRP No.1505 of 1992 and it was also dismissed on 05.07.1992 granting liberty to file a civil suit to establish his right over the property. When the plaintiff applied for patta in respect of the property, he came to know about the issue of patta in the name of the 5th defendant. The 5th defendant taking advantage of the mistake in the patta issued by defendants 3 and 4, he is claiming right over the property. Further, the decision in O.S.358 of 1991 is also not binding on him. Since the 5th defendant is trying to alienate the property, the suit was laid.