ANJALAI Vs. MAHALINGAM

JUDGEMENT

(1.) This second appeal is preferred against the judgment and decree, dtd. 30/08/2005 passed by the Additional Subordinate Judge, Thanjavur in AS No.49 of 2005, confirming the judgment and decree of the District Munsif, Thiruvaiyaru made in OS No.125 of 2003, dtd. 30/12/2004.

(2.) The plaint:-The suit property is the Government poramboke. It was originally in the occupation of one Abdul Wahab, Saburabeevi and Raja. They were enjoying the property along with their patta land situated at the adjacent site. Saburabeevi entered into a sale agreement in respect of survey No.20 measuring about 100 Kuli, on 20/06/1981. Even at that time, it was mentioned that the suit property was left in the enjoyment of the plaintiff. Recognizing the possession of the plaintiff, 'B' memo was issued by the Tasildhar, Papanasam. The plaintiff made a request to the Government for assigning the land. That request was rejected by the Government. The 1st defendant has no right over the property. He was the President of the Village Panchayat. He demanded the property for sale, but the plaintiff did not agree. On 28/08/2003, the defendants tried to trespass upon the property which was prevented. So, the suit is laid for permanent injunction.

(3.) The first defendant filed written statement contending that the property is a pond poramboke under the enjoyment of the village people for several years. The pond depth is about 6 feet. So, it would have been never under the occupation of the plaintiff. The plaintiff is encroaching the property taking advantage of the purchase of the adjacent land.