The main legal point established in the judgment is the requirement for a suit for declaration of title and injunction when there is a cloud over the title of the property, and the legal principles governing the grant of permanent injunction under the Specific Relief Act.

1. Second Appeal has been filed against the judgment and decree passed in A.S.No.32 of 2002 dated 310. 1002 on the file of the Additional Sub-Court, Chengalpet, reversing the judgment and decree passed in O.S.No. 24 of 1998 dated 27.02.2002 on the file of the District Munsif-cum-Judicial Magistrate, Thirukalukundram.

2. Theaverments in the plaint are as follows:-

.(i) The suit property is a grama natham and it is the ancestral property of plaintiff. The plaintiffs father Kanniappa Chettiar succeeded the suit property and he was in enjoyment of the same. After the death of Kanniappa Chettiar, the plaintiff and his brother Shanmugam were in possession and enjoyment of the suit property. On mutual agreement, the plaintiffs brother is in enjoyment of a site near light house. The plaintiff is in enjoyment of the suit property.

.(ii) The plaintiff put up a semi hut in the suit property and is residing there. His possession has been recognised by the Grama natham Survey and Settlement Authority and patta has been issued in Patta No.764, in the name of the plaintiff. Since, he wanted to put up a pucca construction in the suit property, he submitted a plan, which was rejected by the Archeological Department. Hence, the plaintiff was residing in a nearby place and so the place is with dilapidated house. The house is assessed to tax. The house tax has been paid by the plaintiff.

(iii) The first defendant is an utter stranger, not even a neighbour. The plaintiff is in possession of the suit property for nearly 30 years. Now, the first defendant attempted to remove the fence in the Northern side of the suit property in the third week of March, 1998, which was prevented by the plaintiff and the elderly people of the Village. Since, the first defendant is an influential person, the plaintiff is constrained to file the suit for injunction restraining the first defendant from inferfering with the possession of the suit property. Pending the suit, the first defendant died and therefore, his legal heirs were impleaded as defendants 2 to 6. Hence, he prayed for the decree.

3. Thegist and essence of the written statement filed by the first defendant are as follows:-

.(i) The suit property was originally owned by Eswaran Temple of Mahabalipuram Village and it was managed by the then Dharmakartha Munuswamy Naicker. The Eswaran Temple was in a dilapilated condition. With a view to renovate the said Temple, Dharmakartha Munuswamy Naicker sold the suit property to the first defendant under a registered sale deed dated 12.05.1965.

.(ii) The suit property measuring 0.10 cents forms part of the grama natham S.No.145. The site on the West of the suit property purchased by the defendant on 12.05.1965 originally belonged to one Kanniappa Chettiar. His wife sold it to a North Indian. One Rajendran purchased it from him on 10.02.1983. Palani, son of the first defendant, purchased the property to the North of the suit property from Kanniammal and others belonging to the family of Sakkarai Chettiar. In 1982 a bore well was dug in the property of Elumalai. At the same time, two bore wells were dug by the first defendant over the suit property. Those two bore wells were still in existence. Because of scarcity of labour, the first defendant is not cultivating his lands and hence, the bore wells over the suit property are in disuse for the past three years.

(iii) The plaintiff is not in possession and enjoyment of the suit property.It is neither belonging to the plaintiff nor his father as ancestral property. The house tax alleged by the plaintiff is not a true document. It is not related to the suit property. There is no ground tax for the suit property. The defendant is in peaceful possession and enjoyment of the entire suit property purchased by him. There was no enquiry in the Village regarding grant of patta. The Encumbrance Certificate is self-serving document of plaintiff. The thick grow of velikathan trees over the suit property is even now