LAWS(MAD)-1998-3-40

STATE OF TAMIL NADU Vs. K PURUSHOTHAMAN

Decided On March 11, 1998
STATE OF TAMIL NADU Appellant
V/S
K.PURUSHOTHAMAN Respondents

JUDGEMENT

(1.) -Defendant in O.S. No. 205 of 1978, on the file of Sub Court, Trichy, is the appellant.

(2.) Suit filed by the plaintiff is one for declaration and injunction. The subject matter of the suit is a portion of T.S. No. 983/1. According to the plaintiff, himself and his predecessors have been in possession of the subject matter of the suit for the last more than 50 years, and even if the defendant- State has got any title over at property, the same is lost by adverse possession.

(3.) In the written statement of the appellant (defendant, it is contended that T.S. No. 983/1 is a Natham Poramboke and it is used by washermen community, for the purpose of washing clothes and drying the same. It is also the case of the defendant that all the encroachers have been evicted, and even the plaintiff's predecessor was also dispossessed pursuant to the action taken by the Government It contended that the plaintiff has no title to the property, nor possession, it prayed for dismissal of the suit.