D. ANJAPPA Vs. MARAPPA

JUDGEMENT

(1.) The appellants, who are the defendants in the original suit filed this second appeal against the Judgment and decree dated 28.06.2004 made in A.S.No.13 of 2003, on the file of Subordinate Court, Hosur, wherein partly reversing the judgment and decree dated 29.06.2001 made in O.S.No.125 of 1998 on the file of District Munsif Court, Denkanikottai.

(2.) For the sake of convenience, the defendants in the original suit are referred as appellants and the plaintiff in the original suit is referred as respondent hereafter.

(3.) The respondent/plaintiff filed a suit for declaration and permanent injunction. Briefly the case of the respondent is that the suit property item-1 is Poramboke land belongs to the Government and it is assessed as waste dry land. Originally the above said item No.1 was in possession and enjoyment of the respondent's father namely Chandirappa @ Sanjeevappa. After his death, the respondent is in possession over the suit property. The respondent growing ground nut and other crops in the above said property. The respondent also had patta lands adjacent to the suit property and in the patta land, the respondent had dig a well through which taking water and cultivating item 1 of the suit property. The respondent also paying B-memo charges to Government and in the Adangal Register stands in the name of respondent. The suit item No.2 is odai Poramboke land and it is also belongs to Government. The respondent is in possession and enjoyment of the suit item 2 and also paying S.T.Charges to the Government. Therefore, the respondent is absolute possession and enjoyment of both the suit properties. The 1st appellant purchased portion of patta land from the respondent and the appellants offered to purchase the suit properties, but, the respondent declined to sell the same. Hence, the appellants have denied the title and disputed the possession and enjoyment of the respondent. Hence, the suit.