CHOKKALINGAM Vs. DISTRICT COLLECTOR THENI

JUDGEMENT

(1.) The concurrent Judgments and decrees passed in Original Suit No.106 of 2006 by the District Munsif - cum - Judicial Magistrate Court, Bodinaickanur and in Appeal Suit No.154 of 2008 by the Sub Court, Theni are being challenged in the present Second Appeal.

(2.) The appellants herein as plaintiffs have instituted Original Suit No.106 of 2006 for the reliefs of declaration and perpetual injunction, wherein the present respondents have been shown as defendants.

(3.) The material averments averred in the plaint are that the suit properties are originally formed part of Bodinaickanur Zamin, in which the predecessors in title of the plaintiffs have had occupancy right. The entire Zamin has been taken over by the Government under Estate Abolition Act 26 of 1948. But the suit properties have been erroneously classified as Government poramboke land. The suit properties are nothing but Ryoti lands. The plaintiffs have preferred their claim before the Forest Settlement Officer. The claim of the plaintiffs has been dismissed and subsequently an Appeal has been preferred on the file of the Additional District Court, Madurai and the same has been allowed and ultimately the matter has been remitted to the file of the Forest Settlement Officer. The plaintiffs are in possession and enjoyment of the suit properties for more than 60 years. The plaintiffs are having occupancy right over the suit properties. Under the said circumstances the present suit has been instituted so as to declare that the suit properties are Ryoti lands and also to restrain the defendants from interfering with the peaceful possession and enjoyment of the plaintiffs by means of perpetual injunction.