JOHNSON Vs. CHATHAN ERAVI OLLITTAR TRUST

JUDGEMENT

(1.) THE plaintiff who lost his case in both the Courts below has preferred this second appeal against the judgment and decree of the Second Additional Subordinate Judge, Nagercoil, dated 30.01.2006 made in A.S.No.87 of 2005 by which the decree of the trial Court, namely the Principal District Munsif Court, Nagercoil dismissing O.S.No.255 of 2001 by its judgment and decree dated 30.03.2005, was confirmed.

(2.) THE appellant herein had filed the original suit praying for the relief of permanent injunction restraining the respondents 2 and 3/defendants 2 and 3 from interfering with the plaintiff's possession and enjoyment of the suit properties which are five in number, presumably based on his claim of protection under the Tamil Nadu Cultivating Tenants Protection Act, 1955. Admittedly, the appellant/plaintiff is a tenant in respect of the suit properties. THE suit properties are agricultural lands and the same have been leased out to the appellant/plaintiff for the purpose of cultivation. THE following are the plaint averments:

(3.) THE trial Court framed necessary issues and conducted trial. At the conclusion of trial, on an appreciation of evidence, the trial Court held that the cause of action for the suit was not proved and hence the plaintiff was not entitled to the relief of permanent injunction and based on the said finding, dismissed the suit. On appeal, the learned Second Additional Subordinate Judge, Nagercoil confirmed the judgment and decree passed by the trial Court and dismissed the appeal in A.S.No.87 of 2005 by his judgment dated 30.01.2006. Aggrieved by the same, the present second appeal has been preferred.