S. THIRUVARIAMUTHU S/O. SADASIVAMURTHY PILLAI, PILLAI, SHENCOTTAH TALUK AND ORS. Vs. SOUTHERN RAILWAYS, REPRESENTED BY ITS GENERAL MANAGER MADRAS AND ORS.

JUDGEMENT

(1.) This Civil Revision Petition is directed against the order dated 15.4.1996 of the District Munsif, Shencottah in I.A. No. 32 of 1996 in unnumbered O.S. (O.S. No. 229 of 1979 on the file of Sub-Court, Tenkasi), dismissing the petition filed under Order 9, Rule 9, C.P.C., declining to restore the Applications in I.A. Nos. 919 to 921 of 1993. The Plaintiffs are the Revision Petitioners.

(2.) The Deceased-Sadasivamoorthi Pillai had filed O.S. No. 246 of 1979 on the file of Subordinate Court, Tirunelveli for Declaration of his Title and for Permanent Injunction. (Subsequently, the suit was transferred to Subordinate Court, Tenkasi and re-numbered as O.S. No. 229 of 1979). According to the Plaintiff, the Suit Properties belonged to the Plaintiff as per the Patta granted by the Assistant Settlement Officer. The Plaintiff has been granted Patta for the portion of his lands, which have been assigned New Nos. 420/1-0.73 acres 420/3-0.59 acres. The land, where there is a Railway Track, has been treated as Railway Poromboke. New S. No. 420/2 pro. 1.93.5 and 420/4 pro.0.02.5 have been assigned to the Railway. It is alleged that ignoring the said order, the Railway Authorities have sold the usufructs of all the trees standing on both sides of the Railway track from Sankarankoil to Ariyankavu to the Third Defendant for a sum of Rs. 12,250. On the strength of the Public Auction, the Third Defendant has been attempting from 1.2.1979 to cut, pluck and remove the usufruct of the Trees which are in possession and enjoyment of the Plaintiff in new S. No. 420/1 and 420/3. On the above averments, the Deceased-Plaintiff has filed the Suit for declaration of his Title to the Suit Properties and to direct Defendants 1 to 3 to pay to the Plaintiff a sum of Rs. 1,500 as the loss caused to him by the unlawful removal of usufruct of the removal of usufruct of the Trees.

(3.) Defendants 1 and 2 Southern Railway entered appearance and filed written statement alleging that the Plaintiff's lands are only East of the Railway Track and they do not lie on the West of the Track. S. No. 420/1 and 420/3 are West of the Track and the Plaintiff is not entitled to any portion of S. No. 420/1. Since the Plaintiff has neither Title nor possession in respect of the Plaint Schedule Properties, the Plaintiff is not entitled for Declaration of Title and other reliefs.