JUDGMENT :

N. SATHISH KUMAR, J.

1. Aggrieved over the concurrent findings of the Courts below, granting permanent injunction against the appellant, the present second appeal is filed.

2. The brief facts leading to the filing of this appeal are as follows:

2.1 The suit property originally belonged to one Vellaiyappa Pillai and he gave the same to one Mariappa Pillai on 25.01.1949. Later, one Livingston has purchased the property on 26.09.1994 and finally, the plaintiff has purchased the suit property from the said Livingston. Originally, the survey number was 376/1. Now, the re-survey number is 565/1. The plaintiff is running a prayer hall in the suit property bearing Door No. 1/137E. Besides, he also pays taxes and has also given requisition for issuance of patta. When the matter stood thus, the first respondent, in order to give trouble to the plaintiff's community, issued a notice dated 29.04.2002, stating that the suit property is a Government property and the plaintiff has encroached the same. Hence, the suit has been filed.

2.2 Denying the entire allegations, it is the contention of the first respondent that the suit is not maintainable without impleading the Government. The suit p