M A KAVERI GOUNDER Vs. EXECUTIVE ENGINEER

JUDGEMENT

(1.) THIS is a typical case where a person (the appellant herein) has been successful in retaining possession of a valuable property belonging to the State and situated in the heart of Mettur Town, for nearly a quarter century, by instituting some proceedings or other, taking different stand at every stage.

(2.) THE plaintiff, who lost in the courts below, is the appellant herein.

(3.) THE suit property is an extent of 0. 67 acres comprised in T.S. No. 4/1 (Block No. 39), Mettur Township, Mettur Dam, Mettur Taluk , Mettur District. Admittedly, this property was acquired by the State way back in the year 1924 along with other lands, for the purpose of construction of Mettur Dam. It appears that this piece of land was not then utilised for that purpose and it was lying waste. THE plaintiff and his father took advantage of this and appears to have been in possession and enjoyment of the same. When steps were taken to evict the plaintiff and others from the suit property as well as other properties, the plaintiff along with others filed a suit in the year 1981, the suit number being O. S. 938/81 on the file of the District Munsif , Mettur , praying the Court to pass a decree for permanent injunction, restraining the State from evicting them. In para No. 3 of the said plaint, it has been stated as under:- ". . . Thus, they have acquired title to the same by virtue of adverse possession for more than the statutory period. THEir occupation was open, continuous and uninterrupted for all these 50 years. . . . . " Again, in para No. 10, it is stated as follows:- ". . . THE plaintiffs requested the defendants at least to grant time and they informed the plaintiffs that if they failed to vacate within 3 days, it will be done forcibly and summarily after 20. 10. 1981. " ( emphasi s supplied)