ARUMUGHAM Vs. CHINNIAH

JUDGEMENT

(1.) THIS Second Appeal is filed under Section 100 of the Civil Procedure Code, 1908 as against the judgment and decree of the Court of Subordinate Judge, Pudukkottai in A.S.No.60/1997 dated 27.02.1998 in reversing the judgment and decree of the Court of Additional District Munsif, Pudukkottai in O.S.No.1413/1989 dated 29.11.1995.

(2.) THE appellants / plaintiffs 2 to 5 are legal heirs of deceased 1st plaintiff in the suit and the first respondent died during the pendency of this appeal and the respondents 2, 4 and 5 are the legal heirs of the first respondent.

(3.) IN the written statement filed by the first defendant, adopted by the 2nd defendant, in which, it is stated that only the survey number and extent alone have been stated in the plaint and the area and four boundaries of the suit property have not been stated and therefore, the plaintiff is not entitled to the relief of permanent injunction. According to the defendants, the suit Survey Number is 329 and total area is 7 acre 17 cents and it is a Government poromboke and in the above said land, about 1. acres of land belong to the 2nd defendant and he is in enjoyment and possession of the suit property for about 12 years and by spending huge amount and digging borewell. It is further averred in the written statement that they have been paying B-memos for encroachments in the Government property and therefore, the plaintiffs are not entitled to the relief of permanent injunction.