NAGARATHINAM ALIAS MICK ANTHONY Vs. A DEVITE

JUDGEMENT

(1.) THE Plaintiff in the suit in O. S. No. 368 of 1992 is the appellant in the present Second Appeal. THE Plaintiff had filed a suit praying for a permanent injunction restraining the defendant from disturbing the peaceful possession and enjoyment of the suit property by the plaintiff, for cost and for such other suitable orders.

(2.) THE plaintiff had stated that he was in peaceful possession and enjoyment of the suit property, which was his ancestral property inherited from his father. THE plaintiff had paid the tax due to the Government and the tax receipts have been filed as documents in the said suit. THE local karnam of Pudupalayam in Pondicherry , had issued a certificate to the effect that the schedule mentioned property was in the occupation of the plaintiff. On 20. 6. 1992, the defendant, without having any right in the suit property, attempted to disturb the peaceful possession and enjoyment of the said property by the plaintiff and had tried to illegally commit trespass into the property.

(3.) THE defendant has further stated that the Karnam of pudupalayam is not the competent authority to issue a Certificate with regard to the plaintiff's possession of immovable properties. THE said certificate issued by the Karnam is a false one and it cannot be taken to be valid in law.