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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.48 of 2005, confirming the judgment and decree of the District Munsif, Thiruvaiyaru made in OS No.126 of 2003, dated 30/12/2004.
2.The plaint:- The suit property is a pond poramboke land. It was dry land originally. The plaintiff made the property cultivatable and doing nursery cultivation. He was issued with 'B' memo by the Government. The 1st defendant is the Village Panchayat President. Now, he tries to encroach upon the property. He attempted to purchase the property failed. So, he tried to trespass the property, on 28/08/2003. That was prevented. Hence, the suit for permanent injunction, costs.
3.The first defendant filed written statement contending that the property was never under the cultivation of the plaintiff. It is a pond poramboke for several years and the villagers are using the pond. It is still existing as poramboke pond and never under the enjoyment of the plaintiff.
4.The State Government filed the written statement contending that the suit property is in the common enjoyment of the village people. Even now, it is
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.
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.
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....
Possession of land, even if unauthorized, cannot be disturbed without legal procedure; ownership claimed must be substantiated with evidence.
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