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2021 Supreme(Mad) 3439

R.VIJAYAKUMAR
Chinnathambi – Appellant
Versus
Nesappu – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr.M.Ramesh Advocate, Mr.V.Ragavachari Advocate
For the Respondent:Mr.R.Balakrishnan Advocate, Mr.T.Arul Advocate, Mr.A.Sivanupandian

JUDGMENT :

The plaintiff is the appellant herein.

2. The plaintiff filed O.s.No.855 of 1988 before the II Additional District Munsif Court, Kuzhithurai for the relief of permanent injunction over 'B' schedule property or to commit any waste for 'B' schedule property by cutting and removing trees. The trial Court dismissed the suit. The plaintiff had filed A.S.No.126 of 2000 before the Sub Court, Kuzhithurai. The learned Subordinate Judge dismissed the appeal, confirming the judgment and decree of the trial Court. As against the concurrent finding, the plaintiff had filed the above second appeal.

3. The plaintiff has contended that the plaint 'A'schedule property is the patta land and 'B'schedule property lies on the east of the 'A' schedule property. According to the plaintiff, 'B' schedule property is a Government Poromboke. The plaintiff further contended that 'B' schedule property lies between A and C schedule properties. The 'B' schedule property is a narrow strip of land in which valuable trees are planted by the plaintiff and the plaintiff is in possession and enjoyment of the 'B' schedule property along with his patta land located in 'A' schedule property. The plaintiff further

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