JUDGMENT :

DINESH MAHESHWARI, J.

Introduction

1. In this appeal by special leave, the plaintiff-appellant, said to be a partnership firm, has called in question the common judgment and decree dated 26.02.2007 in O.S.A. Nos. 193 of 2002 and 178 of 2003 (with C.M.P. No. 8947 of 2006) whereby, the Division Bench of High Court of Judicature at Madras, while allowing the appeal filed by the defendant-State and while dismissing the appeal filed by the plaintiff-appellant, has reversed the judgment and decree dated 15.10.2001, as passed by the learned Single Judge in C.S. No. 561 of 1998 and has dismissed the appellant’s suit for recovery of damages.

1.1. This matter, arising out of the aforesaid suit for recovery of damages, carries a peculiar and chequered history of its own, with assortment of several undisputed actual facts, a few disputed facts, and varied rounds of litigations. In a brief outline of the subject matter, it may be noticed that the plaintiff-appellant had allegedly taken certain parcels of land [Comprising field Nos. 805/1, 805/3, 805/4, 806, 807, 808, 809 in Kalakkadu