THANKAPPAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The plaintiff is the appellant.

(2.) The plaintiff filed O.S.No.900 of 1992 before the Additional District Munsif Court, Padmanabhapuram for the relief of declaration of title and permanent injunction for an extent of 40 cents out of 3 acres and 30 cents in Survey Nos.3018 and 3019 correlated to R.S.Nos.139/1, 139/4, 86/2 and 75. The trial Court decreed the suit for an extent of 5 cents alone. The defendants filed A.S.No.58 of 2002 before the Subordinate Court, Padmanabhapuram. The first appeal was allowed dismissing the suit in entirety. As against the same, the present second appeal has been filed by the plaintiff.

(3.) The plaintiff has contended that the suit schedule property having an extent of 40 cents is located in old survey Nos.3018 and 3019 which are correlated to R.S.Nos.139/1, 139/4, 86/2 and 75. According to the plaintiff, the said 40 cents is located with definite boundaries and as a single property. The plaintiff further contended that he is in possession of the suit schedule property for more than 30 years. He has purchased the suit schedule property under Exhibits A1 and A2 from one Kolappa Pillai and Murugan. There are several coconut, cashew-nut and mango tress in the suit schedule property and he has developed the said property. He further contended that the defendants authorities have wrongly classified the said land as poromboke property. According to the plaintiff, the suit schedule property has been wrongly classified by the plaintiff as odai poromboke. Even assuming that the said property is a odai poromboke, the plaintiff and his predecessor in title are in possession of the suit schedule property for more than 45 years and hence, they have acquired title by adverse possession.