S.A. No. 654/2015 & M.P. No. 1/2015. Case: Rengasamy Vs The Commissioner, Alathur Panchayat Union and Ors.. High Court of Madras (India)

Case NumberS.A. No. 654/2015 & M.P. No. 1/2015
CounselFor Appellant: K.A. Vimal Kumar, Adv. and For Respondents: Lesi Saravanan for S.V. Duraisolamalai, Advs.
JudgesM. Sathyanarayanan, J.
IssueCode of Civil Procedure, 1908 (CPC) - Order XX Rule XX
Judgement DateApril 04, 2017
CourtHigh Court of Madras (India)


M. Sathyanarayanan, J.

  1. The plaintiff who lost before the Courts below, is the appellant herein.

  2. The facts leading to the filing of this Second Appeal, briefly narrated, are as follows:-

    [a] The appellant/plaintiff filed OS.No. 76/2004 on the file of the Court of the District Munsif, Perambalur, against the respondents / defendants praying for a judgment and decree for permanent injunction, restraining the defendants, their subordinates, servants or agents from in any manner interfering with the peaceful possession and enjoyment of the suit property, viz., "Ayyamperumal Eri [water body]", situate in SF.No. 412/6, admeasuring to an extent of 4 acres and 28 cents with standing trees on its bank at Pujangarayanallur Village, Kunnam Taluk, Perambalur District and also for other consequential reliefs.

    [b] It is the case of the plaintiff / appellant that the suit property is the absolute property originally belonged to the plaintiff's forefathers and on the date of filing of the suit, it is a private bank maintained by his forefathers to raise Nanja crops in their lands which are located nearby to the said Eri. It is further averred by the plaintiff/appellant that the suit property originally belonged to Ayyamperumal Padayachi-great grandfather and in the Settlement Register prepared by the Government at the relevant point of time, it has been shown as "Ayyamperumal Eri" and as such, nobody can claim any right, title and interest in respect of the said property. Since attempts were made to dispute the right, title and possession of the said property, the plaintiff/appellant, on an earlier occasion, filed a suit in OS.No. 304/2000 on the file of the very same Court, praying for declaration against the District Collector, Perambalur District, to declare that the plaintiff/appellant is having right, title in respect of the suit property and consequently, restraining the defendant therein from in any manner interfering with the peaceful possession and enjoyment of the same and also for mandatory injunction to grant patta to him and the suit was decreed ex-parte on 11.07.2003 and it has also become final. The grievance expressed by the plaintiff / appellant is that despite the said ex-parte decree, once again attempts have been made by the defendants to interfere with the peaceful possession and enjoyment of the suit property and therefore, filed the above said suit in OS.No. 762/2004.

    [c] The 2nd defendant has filed the written statement which was adopted by the 1st defendant and the averments made in the plaint are refuted. The 2nd defendant...

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