The requirement for a clear description of immovable property in the plaint and the need for acceptable documents to establish possession and enjoyment were central to the court's decision.

JUDGMENT :

(Prayer: The second appeal has been filed under Section 100 of C.P.C. against the judgment and decree dated 05.02.2008 passed in A.S. No. 72 of 2007 on the file of the Principal Subordinate Court, Mayiladuthurai, confirming the judgment and decree dated 05.12.2006 passed in O.S. No. 176 of 1998 on the file of the District Munsif Court, Sirkali).

1. Challenge in this second appeal is made to the judgment and decree dated 05.02.2008 passed in A.S.No.72 of 2007 on the file of the Principal Subordinate Court, Mayiladuthurai, confirming the judgment and decree dated 05.12.2006 passed in O.S.No.176 of 1998 on the file of the District Munsif Court, Sirkali.

2. For the sake of convenience, the parties are referred to as per their rankings in the trial Court.

3. The suit has been laid by the plaintiffs seeking for the relief of permanent injunction on the footing that the suit properties, as described in the plaint, had been assigned to them by the Government by way of the assignment deeds on 24.04.1998 and they were put in the possession of the suit properties on 16.09.1998 and with reference to the handing over of the possession, the Assistant Commissioner, Land Reforms, Mayiladuthurai, had made an endorsement in the assignment deeds and further, it is also stated by them that even prior to the Government taking over the suit properties as surplus lands, it is only the plaintiffs, who had been in the possession and enjoyment of the suit properties as the tenants under the Kaivilancheri Annachatram Trust and according to the plaintiffs, the defendants being the influential persons in the suit village, by using their power attempted to interfere with the possession and enjoyment of the plaintiffs without any authority and illegally and hence, according to the plaintiffs, they had been necessitated to institute the suit against the defendants for the relief of permanent injunction.

4. The defendants would put forth the case that no doubt the suit properties originally belonged to Kaivilancheri Annachatram Trust and according to them, the abovesaid trust suppressed the sale deed dated 23.08.1992 executed in favour of the defendants qua the suit properties and fraudulently, declared the suit properties as surplus lands and following the same, the proceedings have been initiated by the Government and the suit properties has been declared as surplus lands and according to the defendants, the challenge has been made to the abovesaid proceedings before the appropriate authority and further, put forth the case that as stay had been ordered of the further proceedings of the Assistant Commissioner by the Land Commissioner, Madras, according to them, there is no question of assignment the suit properties to the plaintiffs and putting them in the possession and contended that it is only they, who are in the possession and enjoyment of the suit properties and the plaintiffs at no point of time, are in the possession and enjoyment of the suit properties and hence, sought for the dismissal of the plaintiffs' suit.

5. In support of the plaintiffs' case, PWs 1 to 8 were examined and Exs.A1 to A21 were marked. On the side of the defendants, DW1 was examined and Exs.B1 to B26 were marked.

6. On an appreciation of the oral and documentary evidence adduced in the matter and the submissions put forth by the respective parties, the Courts below were pleased to dismiss the suit laid by the plaintiffs. Impugning the same, the present second appeal has come to be laid by the plaintiffs.

7. The plaintiffs claim title to the suit properties based on the assignments of the suit properties to them by the Government on 24.04.1998. Following the assignment, according to the plaintiffs, they were put in the possession of the suit properties by the Assistant Commissioner, Land Reforms, Mayiladuthurai on 16.09.1998 and pointing to the same, had also made the endorsement in the assignment deeds. The assignment orders issued by the Assistant Commissioner, Land Reforms