JAYAKUMAR Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THIS Civil Miscellaneous Appeal has been preferred by the appellant against the judgment and decree, dated 2.7.2007, made in A.S.No.122 of 2006, on the file of the Sub Court, Padmanabhapuram, reversing the judgment and decree, dated 31.1.2006, on the file of the Additional District Munsif, Padmanabhapuram, in O.S.No.106 of 2003.

(2.) THE appellant is the plaintiff in the suit O.S.No.106 of 2003, on the file of the Additional District Mu nsif, Padmanabhapuram, and the respondents are the defendants in the said suit. THE suit in O.S.No.106 of 2003, had been filed by the appellant/plaintiff praying for a decree of permanent injunction to restrain the respondents/defendants and their subordinates from trespassing into the plaint schedule property, and from evicting the appellant/plaintiff from the schedule mentioned property.

(3.) IT has been further stated that the learned Subordinate Judge had overlooked the fact that on the basis of the judgment of the Kerala High Court in A.S.No.486/1088 M.E., a notification had been issued by the Government in the year, 1920, under which the boundaries of Velimalai reserve forest were fixed. The said Notification had been marked, as Ex.A-12. According to the said notification, the Velimalai reserve forest ends with the Velimalai village on the North. No portion of the Velimalai reserve forest occupies Churuload village. Admittedly, the property shown in the schedule to the plaint falls within Churuload village.