SAROJINI Vs. ARUNACHALAM PILLAI

JUDGEMENT

(1.) AGGRIEVED by the Judgment in A.S.No.112 of 1990, reversing the Judgment of the Trial Court and granting Permanent Injunction in favour of Respondent/Plaintiff, unsuccessful Defendant has preferred this Second Appeal. As against declining of Declaration, Respondent/Plaintiff has filed Cross Objection.

(2.) SUIT Property relates to S.No.14/4 - 0.70.0 Hec. in Thiruvalluvar Village, Elayangudi Taluk. Case of Plaintiff is that patta was registered in the name of the Plaintiff in Patta No.780. The plaintiff was in possession and enjoyment of the SUIT Property for more than statutory period and the Plaintiff has been paying the kist and has perfected his Title by way of adverse possession. Resettlement also stands in the name of Plaintiff's family members. Alleging trespass by the Defendant, the Plaintiff has filed the SUIT for Declaration and for Permanent Injunction.

(3.) AGGRIEVED by the Judgment, the Plaintiff has preferred Appeal. The lower Appellate Court also recorded findings mostly against the Plaintiff, but the lower Appellate Court granted Injunction solely on the ground that the Plaintiff is in possession of the Suit Property. Though the lower Appellate Court held that the Plaintiff has not produced any document showing his entitlement, observing rightly or wrongly the Plaintiff being in possession, proceeded to grant Permanent Injunction.