L. VENKATRAMAN Vs. NARASUS COFFEE COMPANY

JUDGEMENT

(1.) Aggrieved over the decree and judgement passed by the learned Additional District Judge (Fast Track Court No. 1), Salem, dismissing the suit filed by the plaintiff for declaration and consequential permanent injunction, the present appeal came to be filed.

(2.) For the sake of convenience parties are referred to as arrayed before the trial Court.

(3.) The plaintiff filed the suit for declaration declaring his title to the suit property and also for permanent injunction restraining the defendant from interfering with his peaceful possession and enjoyment of the suit property. During pendency of the suit, the defendant has filed an application to reject the plaint in I.A. No. 1278 of 2008 on the ground that the plaintiff is in possession of the suit property as a lessee and he was granted permission for construction of superstructure. While so, the plea of adverse possession made by the plaintiff is untenable. It was also contended that the plaintiff suppressed the lease deed executed in his favour which was registered before the competent registering authority, while so, the plea of adverse possession need not be considered.