SRI RAMALINGASAMY EDUCATIONAL TRUST Vs. THANJAVUR MUNICIPALITY

JUDGEMENT

(1.) Defendants 3,4, 6 to 9 are the appellants

(2.) The plaintiff filed O.S.No.45 of 2007 before the Principal Subordinate Court, Thanjavur for the relief of cancellation of the judgment and decree dtd. 24/6/2003 passed in O.S.No.74 of 2003 on the file of Principal Subordinate Court, Thanjavur and for recovery of possession of the suit schedule property from the defendants. The plaintiff further prayed for a permanent injunction restraining the defendants 4 to 8 and their legal heirs from alienating the suit schedule property to the second defendant or any other third party. The plaintiff had further prayed for a decree for permanent injunction restraining the defendants or any persons claiming any right derived from them from putting up any construction or building over the suit schedule property. The suit was decreed by the trial Court as prayed for. Defendants, 3,4, 6 to 9 filed A.S.No.73 of 2012 before the II Additional District and Sessions Court, Thanjavur. The learned District Judge Judge was pleased to dismiss the appeal. As against the same, the present second appeal has been filed.

(3.) The plaintiff /Municipality had contended that the suit schedule properties were originally owned by the third defendant Educational Trust. They formed a lay out called as Sri Ramalingasamy Educational Trust layout. The said layout plan was approved by the appropriate authority namely the Director of Town and Country Planning Department. According to the plaintiff, in the said layout, two plots were reserved for park. The suit property is one among the two. The plaintiff had further contended that the trustees/lay out promoters executed a gift deed on 23/4/1997 in favour of Thanjavur Municipality and handed over the possession of the same with regard to the said plot. The gift deed was accepted and acted upon by plaintiff Municipality. Based upon the said gift deed, the property was classified as Children Play Field and it was notified under the Tamil Nadu Parks and Plays Fields Act. The Government of Tamil Nadu issued a Government order on 15/5/1996 and the same was published in Thanjavur District Gazette in October 1996. Thus, the plaintiff is the absolute owner of the property and he is in effective possession and in enjoyment.