S.S.SUNDAR
Valliammal – Appellant
Versus
Maha Vishnu – Respondent
JUDGMENT :
(Prayer: Second Appeal preferred under Section 100 of CPC against the decree and judgment dated 04.02.2019 of the learned Principal Subordinate Judge, Vellore in AS.No.67/2017 confirming the judgment and decree dated 06.09.2017 of the learned Principal District Munsif, Vellore in OS.No.373/2008.)
1. The plaintiff is the appellant in the present Second Appeal. As against the concurrent judgments and decrees of the Courts below, the plaintiff who has filed the suit in OS.No.373/2018, has preferred the above appeal.
2. It is the case of the plaintiff that the suit property, namely, an extent of 39 cents out of 60 cents in S.No.129 in Kilvallam Village in Vellore Taluk, with reference to specific boundaries, is a property classified as “thoppu poramboke” belonging to the State Government. Based on the exclusive possession, the plaintiff has come forward with the suit for permanent injunction as against defendants 1, 2 and 7 to 13 restraining them from interfering with their possession and for permanent injunction restraining defendants 3 to 6 from evicting the plaintiff otherwise than due process of law.
3. The suit was contested by the 2nd defendant contending that the suit pro
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