EZUMALAI Vs. VENKATESA GOUNDER

JUDGEMENT

(1.) Aggrieved over the concurrent findings of the learned Additional District Munsif, Tindivanam and the learned Principal Subordinate Judge, the present Second Appeal has been filed.

(2.) The parties are referred as per the ranking before the trial Court. The suit property is Government Poramboke land. One Mr.Kannan encroached upon the same and paid penalty and enjoyed the property more than 50 years. Thereafter, the possessory right was transferred to the Plaintiff and one another Mr.Kannan for a sum of Rs. 2,000.00 vide receipt dated 19.01986. The Plaintiff is in possession of the suit property and planted cashew trees to the extent of one acre and another 11/2 acres cultivating native crops. The Plaintiff has applied for grant of patta. The Defendants tried to encroach upon the suit property. Hence, the suit filed by the Plaintiff for declaration of possessory right and also for permanent injunction restraining the Defendants.

(3.) It is the contention of the Defendants that the suit property is classified as Vettuvazhi Puramboke land and general public used to collect soil from the above area for festivals. In their village a temple known as "Muthumariamman Temple" was constructed. In order to acquire income for the maintenance of the temple all the villagers cultivated cashew trees and eucalyptus trees. Therefore, the Plaintiff has no right to claim possession over the suit property. The identification of the property was not given in the plaint. Similarly, the receipt dated 19.2.1986 relied upon by the plaintiff is not admissible in the evidence. Hence, he prayed for dismissal of the suit.