RANGAIYA GOUNDER Vs. ESWARAN

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been preferred against the judgement and decree passed in A.S.No.3 of 2012 by the Sub Judge, Thiruchengode remanding the matter to the trial Court by reversal of the judgement and decree dated 29.10.2011 made in O.S.No.50 of 2007 on the file of the Additional District Munsif, Tiruchengode.

(2.) The suit in O.S.No.50 of 2007 was filed by the plaintiff claiming right in Survey No.237/3 which is a poromboke land and the extent of the same is 1.84 acres and in which, the plaintiff is claiming right over 0.75 cents.

(3.) The case of the plaintiff is that he is in possession and enjoyment of the suit property which is a poromboke land along with his patta land. It is also the averment of the plaintiff that the defendants are also enjoying part of the poromboke land in Survey No.237/ When the defendants were trying to disturb the plaintiff's possession and enjoyment of the suit property, the plaintiff has filed a suit for the relief of permanent injunction restraining the defendants in any way disturbing his peaceful possession and enjoyment over the suit property.