K. MAHENDRAN Vs. C. SELVRAJ

JUDGEMENT

(1.) The appellant herein is the defendant, and the respondent herein is the plaintiff before the trial Court.

(2.) For the sake of convenience, the parties are referred to as per their rank before the trial Court.

(3.) The brief facts of the plaint, are as follows: According to the plaintiff, first item of 'A' schedule suit property was originally belonged to one Annavi, S/o.Avuli Muthuraja. From him, the plaintiff had purchased the property on 24/4/1980. Likewise, he also purchased the second item of 'A' schedule property from one Muthaiah and Ponnusamy under two different sale deeds dtd. 24/4/1980. Thus, the plaintiff became the owner of 'A' schedule property. It is the submission of the plaintiff that 'B' schedule property is the government poramboke land, and he had been in encroachment of the same and paying 'B" memo for more than 12 years and therefore, he would submit that he has been in actual physical possession and enjoyment of 'A' and 'B' schedule property. He would further submit that his possession has been disturbed by the defendant. Hence, he came up with a suit for the relief of permanent injunction.