The main legal point established is that a claim of adverse possession must meet the statutory requirements, and a party seeking equitable relief must come to the court with clean hands.

JUDGMENT :

P. Rajamanickam, J.

(Prayer: Second Appeal filed under Section 100 of the Civil Procedure Code against the judgment and decree passed in A.S.No.123 of 2003 dated 10.08.2004 on the file of the 1st Additional Sub Court, Tirunelveli, confirming the judgment and decree passed in O.S.No.139 of 1994, dated 04.11.2003 on the file of the Principal District Munsif Court, Valliyoor.)

1. This Second Appeal has been filed by the plaintiff against the judgment and decree passed by the First Additional Sub Judge, Tirunelveli in A.S.No.123 of 2003 dated 10.08.2004, confirming the judgment and decree passed by the Principal District Munsif, Valliyoor in O.S.No.139 of 1994, dated 04.11.2003.

2. The appellant herein had filed a suit in O.S.No.139 of 1994 on the file of the Principal District Munsif, Valliyoor for the relief of permanent injunction, restraining the first defendant, his men, etc., from interfering with his peaceful possession and enjoyment of the 2nd schedule of the suit properties. The learned Principal District Munsif, Valliyoor, by the judgment dated 04.11.2003, had dismissed the said suit with costs of the first defendant. Aggrieved by the same, the plaintiff had filed an appeal in A.S.No.123 of 2003 on the file of the First Additional Sub Judge, http://www.judis.n2ic./i1n8 S.A(MD)No.468 of 2005 Tirunelveli. The learned First Additional Sub Judge, Tirunelveli, by the judgment dated 10.08.2004, had dismissed the said appeal with costs and thereby, confirmed the judgment and decree passed by the trial court. Feeling aggrieved, the plaintiff had filed the present second appeal.

3. For the sake of convenience, the parties are referred to as described before the trial court.

4. The averments made in the plaint are in brief as follows:-

The plaintiff is conducting a hotel in Valliyoor National Highway in the name and style of 'Hotel Mohideen'. Originally, he was conducting a hotel in the new Bus Stand, which belonged to him by purchase from one Valliyammal through a sale deed dated 25.03.1982. Later, Valliyoor Town Panchayat wanted to construct a Shopping Complex in the bus-stand, so, insisted the plaintiff to vacate the property. The plaintiff refused for the same and filed a suit in O.S.No.1360/1988 on the file of the District Munsif, Valliyoor and obtained an injunction order. Thereafter, a compromise was entered between the plaintiff and the said Town Panchayat in the presence of the Sub-Collector, Cheranmahadevi. As per the said compromise, the plaintiff has to be given the first schedule of the suit properties in lieu of his property. Accordingly, on 02.12.1988, a registered exchange deed was executed. Since there was a mistake in classification of the land in the exchange deed, a rectification deed was executed on 09.02.1984. Thereafter, patta was also granted in favour of the plaintiff in respect of first schedule of the suit properties. The plaintiff constructed a hotel in the suit schedule property after obtaining proper permission by submitting approval of plan. There is an odai in the southern side of the schedule property and the Sub Collector, Cheranmahadevi granted permission to the plaintiff to use the Odai poromboke land i.e 2nd schedule of the suit properties, because the plaintiff was given a small portion of the land, for exchange of a big portion of the land to the Town Panchayat. Since the plaintiff was in possession and enjoyment of the suit property as an absolute owner, he is entitled to suit second schedule property by adverse possession also. The plaintiff was issued BMA notice and he has been paying BMA charges. In 1993, the plaintiff wanted to extend his building and hence, he submitted a proper plan and obtained permission for making construction in the 2nd schedule property. The plan for construction was approved by the first defendant. The plaintiff is also conducting a petty shop in the 2nd schedule property. The plaintiff is making construction in his land, as per the approved plan and there is