D.RENGARAJ REDDIAR Vs. T.SANKARAPPA REDDIAR

JUDGEMENT

(1.) The plaintiffs, who lost the legal battle before the first appellate Court, have come forward with this second appeal against the judgment and decree passed in A.S.No.8 of 2004 dated 10.11.2004 on the file of the Sub Court, Sankarankovil reversing the judgment and decree passed in O.S.No.216 of 2002 dated 05.12.2003 on the file of the Principal District Munsif Court, Sankarankovil.

(2.) The appellants, as plaintiffs, filed a suit for injunction in respect of third schedule property, directing the respondents not to interfere their peaceful enjoyment stating that the suit properties are grama natham, in which, they are residing for the past 30 years. Third schedule property is situated in the northern side of the first schedule property, where, they put up one shed and running tea shop and obtained a license from the Panchayat Union of Melaneelithanallur and they are using the same as cattle shed and storing wastage and fire woods. On 27.09.1990, recognizing their possession, patta has been issued in respect of the house property alone. For Door No.5/36, house tax has been paid and it was assessed to property tax and property tax has also been paid and they obtained electricity connection 20 years back and they are enjoying the property.

(3.) For the second schedule property, patta has been issued in the name of the second plaintiff. Since third schedule property is grama natham, tax has not been assessed. The defendants have no right over the third schedule property. Because of the panchayat election, there was a dispute between both the parties and hence, the defendants are attempted to interfere with the peaceful possession and enjoyment of third schedule property and hence, the plaintiffs have constrained to file the suit for injunction.