RAJAMANI Vs. RAVICHANDRAN

JUDGEMENT

(1.) The plaintiff, who lost the legal battle in both the courts below, is the appellant before this Court in the present Second Appeal.

(2.) The appellant/plaintiff filed the suit O.S.No. 87 of 2007 in the court of District Munisf, Ambasamudram, for the relief of declaration of possessory title over the suit schedule properties, permanent injunction and mandatory injunction. On the basis of the averment that although the underlined land originally had been puramboke, over a period of 100 years the same had been exclusively under the management and control of the plaintiff, the suit was filed. The claim was resisted by the respondents by filing a written statement.

(3.) The learned District Munsif, after trial, on an appreciation of evidence, came to the conclusion that the first item of suit schedule property is puramboke land, belonging to the Government and the defendants have encroached a portion of the first schedule property and constructed a "Sudalai Peedam" therein. Since the plaintiff had no interest in the capacity of the owner in the suit properties, he is not entitled to mandatory injunction also. As a result of the said finding, the learned District Munsif, by judgment and decree dated 106.2011 dismissed the suit filed by the appellant herein/plaintiff.