AYYASAMY Vs. GOPAL AND OTHERS

JUDGEMENT

(1.) The Review Application is preferred to review the judgment and decree dated 25.01.2017 passed in S.A.No.686 of 2011.

(2.) Second Appeal No.686 of 2011 is directed against the judgment and decree dated 11.04.2011 passed in A.S.No.27 of 2009 on the file of the Subordinate Court, Harur confirming the judgment and decree dated 21.02.2003 passed in O.S.No.28 of 1998 on the file of the District Munsif Court, Harur.

(3.) The suit has been laid by the plaintiffs for permanent injunction. The suit property is found to be Mandaiveli land and as regards the same, it is the case of the plaintiffs that the same has been used by the villagers for various purposes as detailed in the plaint and also during the festival occasions. As regards the identity of the suit property and the description thereof, from the evidence adduced in the matter, more particularly from the evidence adduced by the defendant examined as D.W.1, it has been noted that the suit property is a Mandaiveli land situated in Survey No.253/9 in Mottankurichi village and the same is situated to the east of the land purchased by the defendant in Survey No.249/5. Similar is the evidence of the Village Administrative Officer, who has been examined as D.W.2. Accordingly, this Court has noted and held that the suit property is only a Mandaiveli land belonging to the Government and located to the east of the property acquired by the defendant in Survey No.249/5 and located in Survey No. 253/9. Further, this Court also on the materials placed, held that the suit property being a Mandaiveli land is used by the villagers for various purposes.