VARTHAGA SANGHAM Vs. CUDDALORE MUNICIPALITY

JUDGEMENT

(1.) This Second Appeal is preferred against the judgment and decree dated 30.09.1991 made in A.S.No.51 of 1990 by the Court of Additional District Judge,Cuddalore, thereby reversing the judgment and decree dated 14.9.1989 rendered in O.S.No.71 of 1984 by the Court of the Principal Subordinate Judge, Cuddalore.

(2.) Tracing the history of the above second appeal coming to be preferred by the plaintiff in the suit, it comes to be known that the appellant herein has filed the suit for declaring plaintiff's title to the suit property and permanent injunction restraining the defendant and its officers from interfering with plaintiff's peaceful possession and enjoyment of the suit property.

(3.) The case of the plaintiff is that the plaintiff is a Varthaga Sangam registered under the Societies Registration Act and this Sangam owns the suit properties, which consist of a water tank and rooms for bathing and toilet rooms; that there is an Electric motor pump set bearing the service connection number originally 7635 then 333 and now 28; that the said electric motor is used for pumping water to the over head tank; that the suit property has been enjoyed by the plaintiff sangam and the same is evidenced by unimpeachable materials like the stone inscription evidencing the donation (Gift) by one T.S. Nachiyappa Chettiar to the plaintiff sangam in the year 1914; that there is yet another inscription by painting noting down the name of the plaintiff in the overhead tank and the service connection for the electric motor stands in the name of the plaintiff and current consumption charges are being paid by the plaintiff.