VALLIAMMAL Vs. MAHA VISHNU

JUDGEMENT

(1.) The plaintiff is the appellant in the present Second Appeal. As against the concurrent judgments and decrees of the Courts below, the plaintiff who has filed the suit in OS.No.373/2018, has preferred the above appeal.

(2.) It is the case of the plaintiff that the suit property, namely, an extent of 39 cents out of 60 cents in S.No.129 in Kilvallam Village in Vellore Taluk, with reference to specific boundaries, is a property classified as ''thoppu poramboke'' belonging to the State Government. Based on the exclusive possession, the plaintiff has come forward with the suit for permanent injunction as against defendants 1, 2 and 7 to 13 restraining them from interfering with their possession and for permanent injunction restraining defendants 3 to 6 from evicting the plaintiff otherwise than due process of law.

(3.) The suit was contested by the 2nd defendant contending that the suit property is not a thoppu poramboke land, but a channel poramboke, which is not in the possession of the plaintiff. It is stated by the 10th defendant in the written statement that the 10th defendant is in possession and enjoyment of an extent of 10 cents of poramboke land adjoining her property and that she had also prescribed title by adverse possession as against the Government or anyone. It is further stated that the Government is issuing 'B' Memo as the plaintiff has raised rosewood trees, vengai trees, mango trees and coconut tress etc.