JUDGMENT

(Prayer: Original Side Appeal filed under Order XXXVI Rule 1 of the Original Side Rules read with Clause 15 of the Letters Patent, against the Judgment and Decree dated 28.11.2016 in C.S.No.555 of 2005.)

R. Subramanian, J.

1.The instant Appeal is against the judgement of the Hon’ble Single Judge of this Court made in CS No.555 of 2005, a suit filed by the Appellant Temple seeking recovery of possession of an extent of 29 cents of land in Survey No.25/2 of Thiruvanmiyur Village which, according to the appellant, was encroached upon by the respondent while widening the Old Mahabalipuram Road (OMR).

2. According to the plaintiff, the land belonged to it under a patta granted by the Settlement Officer under the Madras Estates (Abolition and Conversion into Ryotwari) Act, 1948 (hereinafter reffered to as 'Act 26 of 1948'). Relying upon the relevant entries made in the ‘A’ Register which was marked as Exhibit P1, the Temple claimed title to the land.

3. The suit was resisted by the defendant viz., The Chief Engineer, Highways Department, Government of Tamil Nadu, contending that in the Revenue records the land was shown as Government Poramboke and therefore, there is no question of a