G THAYUMUNASAMY Vs. V GOVINDASWAMY

JUDGEMENT

(1.) Challenging the judgment of the learned Subordinate Judge, Nagapattinam made in AS No.49 of 1991 reversing the judgment of the trial court in a suit for permanent injunction, the plaintiff has brought forth this second appeal.

(2.) The short facts necessary for the disposal of this appeal are as follows: The suit landed properties and other properties originally belonged to one Krishnamurthy. On his death, his wife Saraswathy Ammal became entitled to the same. The plaintiff took the same on lease and has been paying the lease amount to the owner. He has been recorded as a cultivating tenant under Tamil Nadu Act 25 of 1955 and he continues to be in possession. While so, the defendants made an attempt to trespass into the property on 19.4.1989, which gave the cause of action to file the suit for permanent injunction.

(3.) The suit was resisted by the defendants stating that it is true that the property was originally belonged to Saraswathy Ammal; that she was owning an excess property, and thus, applying the provisions of the Act, the properties, which were in excess, were acquired by the Government; that after the properties were acquired, the defendants, who are the poor agriculturists, have applied for assignment and it was done so; that apart from that on 31.12.1988, a petition filed by the plaintiff before the Tahsildar was also rejected and no appeal was preferred therefrom; that under the stated circumstances, it would be futile on the part of the plaintiff to contend that the properties were either owned by the Saraswathy Ammal or were in the possession of the plaintiff, and hence, he was to be non suited.