STATE OF TAMILNADU Vs. S NATARAJA THEVAR

JUDGEMENT

(1.) The State of Tamil Nadu, represented by the District Collector, Tirunelveli, who is the 1st defendant in OS.No.166/1979, has preferred this appeal.

(2.) For the purpose of convenience, the parties would be arrayed, as they were arrayed in OS.No.166/1979, on the file of the Subordinate Judge, Tirunelveli.

(3.) One T. Ponnuswami Pillai, as Manager of joint family and joint trustee of 'Arthajama Pushpa Kattalai in Sri Swami Nellaiappar Kanthimathi Ambal Devasthanam, Tirunelveli (hereinafter referred to as 'Kattalaidar'), filed a suit in OS.No.123/1978, before the District Munsif Court, Tirunelveli, for the grant of permanent injunction, against the defendants, more particularly against the 1st defendant in the said suit, viz. State of Tamil Nadu, not to distribute house site patta, with regard to the suit property to anyone, including the defendants 2 to 39 in the said suit. The said suit was subsequently transferred to the file of the Subordinate Judge, Tirunelveli and renumbered as OS.No.166/1979. Another suit in OS.No.162/1977 was filed by 13 persons, raising the very same defence of the defendants in OS.No.166/1979. Both the suits were tried together, by the learned Subordinate Judge, Tirunelveli and the suit in OS.No.166/1979 was dismissed and the suit in OS.No.162/1977 was decreed. As against the said judgement and decree, the plaintiff preferred appeals in AS.No.126/1980 and AS.No.127/1980 and also filed IA.No.95/ 1981 in AS.No.126/1980 and both of them were heard together by the learned District Judge, Tirunelveli, who by judgement and decree dated 18.11.1981, allowed both the appeals, including IA.No.95/1981, thereby the suit filed by the plaintiff was decreed and the suit filed by other persons was dismissed. As against the said judgement and decree, the State of Tamil Nadu, who is the 1st defendant, has preferred this second appeal.