The judgment establishes the importance of timely reporting of land rights acquisition and the limitations on seeking Mandatory Injunction without challenging land classification within the prescribed time.

JUDGMENT :

(Prayer: Second Appeal has been filed under Section 100 of the Civil Procedure Code against the judgment and decree dated 26.06.2009 made in A.S.No.16 of 2008 on the file of the learned Subordinate Judge, Neyveli confirming the judgment and decree dated 02.02.2008made in O.S.No.146 of 2004 on the file of the learned District Munsif-cum-Judicial Magistrate, Neyveli.)

(The case has been heard through Video Conferencing)

1. The Second Appeal is directed against the concurrent finding of the Courts below, dismissing the suit filed by the appellant for Mandatory Injunction to direct the respondents herein to issue patta for the suit property in his name by reclassifying the land in question as Ayan Punjai.

2. The case of the appellant is that, 1.24.5 Hectares of land in new S.No. 113/11 at Thenkuthu village, Kurinjipadi Panjayat Union, Cuddalore District originally belonged to Arunachala Samuttiyar, which he got it under an Exchange Deed on 29/08/1929 from one Thalayari by name Venkatachala Samban. Arunachala Samuttiyar sold the suit property to one Ramalinga Padaiyatchi on 12/10/1932 who in turn re-sold the property to Arunachala Samuttiyar on 06/09/1948. From Arunachala Samuttiyar, the suit property was purchased by Kumarasamy Padaiyatchi on 05/12/1953. The said property was sold to Vairakkannu Chettiar on 11/02/1958 and sold to Ranganatha Samuttiyar, S/O Arunachala Samuttiyar on 10/09/1960. From Ranganatha Samuttiyar and his brothers Dhanabakiyammal purchased the property on 11/07/1974 and sold it to the appellant on 31/12/2002. Since then the appellant is in possession and enjoyment of the suit property, having raised cashew crops in the said land.

3. Relying upon the sale deeds reflecting the above said transactions and the patta in the name of Ranganatha Samuttiyar, chitta and adangal for intermittent periods and on the basis of tax receipts, the appellant had contended that, the respondents, who the Revenue Authorities erred in classifying the land as prombokku instead of Punjai and had mentioned it as “Nilavilyal Kalanguthu” in the 'A' register. On coming to know about the error in the 'A' register, the appellant gave a representation on 06/11/2003 for rectification of the error. The said representation was rejected by the second respondent (Revenue Divisional Officer, Cuddalore).Hence, after issuance of pre-suit notice under Section 80 of the Civil Procedure Code, suit laid.

4. The respondents through the third respondent contested the suit filing written statement wherein they contended that the land in question was classified as “Nilaviyal Kalanguthu” during the resurvey held in the year 1975. For more than thirty years, there was no objection and no claim for issuance of patta by the appellant or his predecessor in title. The receipts relied by the appellants are B memo issued for occupying the government land and penalty collected for the said occupation. This will not confer any right or title over the property. Without preferring appeal against the order of the District Revenue Office, the appellant had filed suit which is not maintainable.

5.The Courts below on considering the oral evidence of PW-1, PW-2 and DW-1 along with the documentary evidences Exs.A-1 to A-25 have concurrently held that, the land in question at new S.No.113/11 was classified as “ Nilaviyal Kalanguthu” in the year 1975. As per the appellant's case, at that time the property was held by Dhanabakiyam Ammal. She had purchased the property from the sons of Arunachalam Samuttiyar. She did not sought for patta transfer till she sold the property to the appellant in the year 2003. Further, the land in question is within the zone of Neyveli Lignite Corporation. The Government had issued G.O Ms.No.41, Revenue, dated 20/01/1987 restraining assignment of patta for suit survey land.

6. The Ex.A-1 which is the Exchange Deed dated 29/08/1979 in favour of Arunachala Samuttiyar is the source document. Subsequent sale transactions are Ex.A-2 to Ex.A-

7. The