E. NATESAN Vs. V. CHOKKALINGAM

JUDGEMENT

(1.) The Second Appeal is filed to set aside the judgement and decree dtd. 7/8/2019 made in A.S.No.67 of 2015 on the file of the learned Sub Judge, Palani (Kodaikanal Camp) confirming the judgment and decree dtd. 27/7/2015 made in O.S.No.180 of 2011 on the file of the learned District Munsif cum Judicial Magistrate, Kodaikanal.

(2.) The first plaintiff is the appellant in the above Second Appeal. It is the case of the plaintiffs that the suit schedule property is a Government poromboke land and that they were in occupation of the suit schedule property for more than 30 years. They had constructed houses in the suit schedule property and had obtained electricity connection for the houses. They had sought for a patta in the year 1989 and their request was rejected since the District Collector sent an order dtd. 19/8/1989 stating that patta cannot be granted in the hill station. While so, the defendants/respondents were attempting to disturb their peaceful possession. They are influential persons and hence, the plaintiffs had filed a suit for bare injunction. The suit schedule property consisted of four items. The first item pertained to the first plaintiff. Likewise, items 2 to 4 pertained to the plaintiffs 2 to 4.

(3.) The defendants/respondents filed a written statement denying the averments in the plaint. They submitted that the property belonged to them absolutely and it was not a Government poromboke land. The defendants further claimed that they had obtained patta for the suit property from the Kodaikanal Municipality and they are in possession of the property since 1995. Having stated thus, the defendants/respondents also admitted that the plaintiffs are in occupation of the suit schedule property and prayed for declaration of title and recovery of possession as a counter claim from the appellant and three others.