TAMIL NADU HOUSING BOARD Vs. A SIVAGAMINATHAN

JUDGEMENT

(1.) THE Tamil Nadu Housing Board, the appellant herein, is the defendant in the suit.

(2.) SIVAGAMINATHAN, the respondent herein, filed a suit praying for permanent injunction restraining the defendant from making any alteration in the suit property. The suit was decreed by the trial Court in favour of the respondent/plaintiff. The said decree was confirmed by the appellate Court in the appeal filed by the appellant. Having lost in both the Courts below, the appellant has resorted to file this second appeal before this Court.

(3.) THE case of the plaintiff, the respondent herein, is as follows : the suit property was purchased by the plaintiff from the vendor under a registered sale deed dated 28-11-1971. From the date of purchase, the plaintiff had been in possession and enjoyment of the property. The defendants 1 and 2, who'are the respondents 2 and 3 in this appeal, acquired an undivided 7 cents of land in the total extent of 20 cents mentioned in the schedule for tamil Nadu Housing Board for the purpose of construction of houses, as per award No. 2 of 1988 dated 23-7-1988. The award amount of Rs. 2,323/- was deposited in Sub court, Tuticorin. Though acquisition was made only in respect of 7 cents, the second defendant, namely, the Special Tahsildar, has been making arrangements to take possession of the entire schedule property. The plaintiff approached the revenue authorities for sub division in respect of the remaining 13 cents. But his request was turned down. Then, he sent several notices to the defendants, but they have not complied with the requests of the plaintiff. On the other hand, the second defendant gave a false assurance that they would make allotment of a plot from the Tamil Nadu Housing Board. They have also stated that the acquisition in respect of 7 cents was wrongly passed and it. is purely a mistake. Hence, he filed the suit seeking for the relief of permanent injunction restraining the defendants from making any alteration in the schedule property measuring the remaining 13 cents.