STATE OF TAMIL NADU Vs. DISTRICT HEALTH OFFICER

JUDGEMENT

(1.) This appeal has been filed by the State of Tamil Nadu, represented by the District Collector, Ramanathapuram District and by the District Health Officer, Ramanathapuram District against the judgment and decree of the Sub Court, Ramanathapuram at Madurai in O.S.No.26 of 1989 dated 25.07.1990. The appellants were the defendants in the suit.

(2.) O.S.No.26 of 1989 had been filed by the plaintiffs with respect to the suit property, which was described as 25 acres and 20 cents in S.No.518 Rameswaram Village in Ramanathapuram District comprised in patta No.925. It was stated that the family of the plaintiffs has been holding the suit property for about eight or nine decades. The patta originally stood in the name of Neelaganda S. Mahadeva Iyer. He had three sons namely, Neelakanda Joshi, Sindamani Rao Joshi and Radhakrishnan Joshi.

(3.) The first son died and his wife and two sons are the plaintiffs 2 and The second son also died and his son is the fourth plaintiff. His another son also died and his legal heir is the fifth plaintiff. The third son is the sixth plaintiff and his sons are the seventh and eight plaintiffs. They are descendants of Neelaganda S. Mahadeva Iyer. It had been stated that the property was part of the erstwhile Ramanathapuram Zameendari. The Zameendari had granted patta. In 1945, another patta was granted in favour of the sons of Neelaganda S. Mahadeva Iyer. After his death, they were all in possession of the property. They were also paying the taxes. They claim to be continuance possession. They also claim to be owners of the property. They have been exercising their right of possession and ownership. It had not been interfered by the revenue authorities.