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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
G.ILANGOVAN, J
Anjalai – Appellant
Versus
Mahalingam – Respondent
JUDGMENT :
This second appeal is preferred against the judgment and decree, dated 30/08/2005 passed by the Additional Subordinate Judge, Thanjavur in AS No.49 of 2005, confirming the judgment and decree of the District Munsif, Thiruvaiyaru made in OS No.125 of 2003, dated 30/12/2004.
2.The plaint:-The suit property is the Government poramboke. It was originally in the occupation of one Abdul Wahab, Saburabeevi and Raja. They were enjoying the property along with their patta land situated at the adjacent site. Saburabeevi entered into a sale agreement in respect of survey No.20 measuring about 100 Kuli, on 20/06/1981. Even at that time, it was mentioned that the suit property was left in the enjoyment of the plaintiff. Recognizing the possession of the plaintiff, 'B' memo was issued by the Tasildhar, Papanasam. The plaintiff made a request to the Government for assigning the land. That request was rejected by the Government. The 1st defendant has no right over the property. He was the President of the Village Panchayat. He demanded the property for sale, but the plaintiff did not agree. On 28/08/2003, the defendants tried to trespass upon the property which was prevented. So, the suit
A person in illegal occupation is not entitled to an injunction against the true owner, and the burden of proof lies on the plaintiff to establish possession at the time of the suit.
A person in illegal occupation of common land is not entitled to seek an injunction against the true owner, as established by the Tamil Nadu Land Encroachment Act.
Civil courts maintain jurisdiction to adjudicate ownership disputes regarding unauthorized occupation despite provisions in the Tamil Nadu Land Encroachment Act.
The central legal point established in the judgment is the determination of possession and enjoyment of the suit property, the rights of access to the road, and the applicability of Section 14 of the....
A plaintiff can seek permanent and mandatory injunctions based on established possession of the property, regardless of whether a declaration of title has been formally sought.
The entitlement to relief of injunction on Government Poramboke land is limited to the portion of the land in the plaintiff's possession, and the court's decision is influenced by the legal principle....
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