S.A.No.819 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.11.2023

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA

S.A.No.819 of 2023

&

C.M.P. No. 25648 of 2023

Kuzhandaivel

... Appellant

Vs

1.P.Rangasamy

2.Nagayyan

... Respondents

Prayer : The appeal is filed under Section 100 of the Code of Civil

Procedure against the Judgement and Decree dated 31.10.2022 passed

in A.S.No. 2 of 2021 on the file of the I Additional Sub Judge,

Cuddalore confirming the Judgement and Decree dated 15.04.2019

passed in O.S.No.197 of 2015 on the file of the Principal District

Munsif Court, Cuddalore.

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S.A.No.819 of 2023

For Appellant

:

Mr. D.Baskar

For Respondent 1:

Mr. P.Dinesh Kumar

(In SR stage).

JUDGEMENT

The unsuccessful 2^nd defendant before the Courts below is the

appellant before this Court. The 2^nd defendant has challenged the

concurrent Judgement and Decree passed by the I Additional

Subordinate Judge, Cuddalore in A.S.No.2 of 2021 in and by which the

learned Judge has confirmed the Judgement and Decree passed by the

Principal District Munsif, Cuddalore in O.S.No.197 of 2015. To

appreciate the contentions in the appeal, it is necessary to set out the

facts which has led to the filing of the above Second Appeal, with the

parties being referred to in the same rank as before the Trial Court.

2. The plaintiff has filed the suit for bare injunction restraining

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S.A.No.819 of 2023

the defendants, their men, agents and servants from interfering with the

plaintiff's peaceful possession and enjoyment of the B – Schedule

property. The suit property is a portion of old S.No.42/5 and 44/9.

The entire extent of land belonged to Adi Dravidar and Tribal Welfare

Department who formed layout of house sites. The Special Tahsildar

had assigned plot No.2 to the plaintiff on 25.09.1975 and this is

described as A – Schedule property.

3. The plaintiff has constructed a house and obtained electricity

service connection to the same. The portion immediately east of the A

– Schedule property is the B – Schedule property. This is the portion

of the road which vests with the Special Tahsildar. This road is formed

for the public purpose, however, there is no road on the north as it is a

dead end.

4. The plaintiff would submit that he has been in the enjoyment

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S.A.No.819 of 2023

of the B – Schedule along with the A – Schedule and he has enclosed A

and B – Schedule properties within a compound wall. It is the further

contention of the plaintiff that the 1^st defendant had claimed that he had

been given patta in respect of the B – Schedule property by the

Tahsildar, Cuddalore and he had filed O.S.No.300 of 2000 on the file

of the Principal District Munsif, Cuddalore to declare his title to the B

– Schedule property and for permanent injunction. This suit came to

be dismissed on 30.01.2003, against which there is no further appeal.

Therefore, the 1^st defendant's claim of title to the B – Schedule property

had been negatived and there was no assignment by the Government in

favour of the 1^st defendant. The Tahsildar, Cuddalore had issued patta

in respect of the B – schedule property against the rules since it is the

Special Tahsildar Adi Dravidar and Tribal Welfare Department who is

the competent authority to issue patta.

5. It appears that the 1^st defendant had sold the property to the 2^nd

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S.A.No.819 of 2023

defendant on 23.01.2014 and the plaintiff has filed an appeal before the

RDO, Cuddalore questioning the patta that has been granted to the 1^st

defendant, which has been dismissed on 03.07.2015, as against which

the plaintiff has filed revision before the DRO, Cuddalore. Taking

advantage of the dismissal of the appeal, the defendants are attempting

to forcibly take possession of the B – Schedule property. Therefore,

th