Advocates:
['M/S N MANOKARAN', '', 'R RENUKADEVI', 'R VINOTHRAJA', 'M/S S KARTHIKEI BALAN', '', 'S SHIVRAM', 'memo of appearance filed by Addl spl government pleader c S']

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Judgment Reserved on : 06..09..2021

Judgment Pronounced on : 30..09..2021

CORAM

THE HON'BLE MRS.JUSTICE S.KANNAMMAL

Second Appeal No.300 of 2019

and

C.M.P.Nos.4527 of 2019

and

C.M.P.No.13305 of 2021

N.Murugesan (Died)

1.M.Meenakshi

2.P.Kaleeswari

3.M.Baladhandapani

4.C.Jayamani

Appellants 1 to 4 are the legal

heirs of the deceased sole appellant.

... Appellants

-Versus-

1.N.Palanisamy

2.The Tahsildar,

Perur Taluk,

Coimbatore District.

... Respondents

This second appeal is filed under Section 100 of CPC

against the judgment and decree dated 11.07.2018 passed in

A.S.No.68 of 2014 by the learned Principal Subordinate Judge,

Coimbatore, confirming the judgment and decree dated 26.02.2014

passed in O.S.No.1118 of 2007 by the learned I Additional

District Munsif, Coimbatore.

For Appellants

: Mr.John Paul

For Respondents

: Mr.Karthikei Balan for

R1

Dr.S.Suriya,

Government Advocate for

R2

https://hcservices.ecourts.gov.in/hcservices/

JUDGMENT

This Second Appeal has been filed by the legal heirs of

the deceased 2^nd defendant, who had suffered a decree of

mandatory injunction on 26.02.2014 in O.S.No.1118 of 2007 on the

file of the learned I Additional District Munsif, Coimbatore,

thereby directing the 1^st defendant to cancel the name of the 2^nd

defendant from the patta bearing No.1184 for the suit property

which came to be confirmed in Appeal Suit in A.S.No.68 of 2014

by the learned Principal Subordinate Judge, Coimbatore, by

decree and judgment dated 11.07.2018.

2. The 1^st respondent is the plaintiff in the suit. The

deceased Murugesan was the 2^nd defendant and the 2^nd respondent -

Tahsildar, South Taluk, is the 1^st defendant in the suit. The

suit was filed by the 1^st respondent for mandatory injunction

directing the 1st defendant to cancel the name of the 2^nd

defendant from the patta bearing No.1184 relating to the suit

property situated at Pooluvapatti Village in Coimbatore South

Taluk.

3. The case of the plaintiff is that he is the absolute

owner of the suit property which is the agricultural land. The

patta for the entire property was in the name of the plaintiff

exclusively for several years. The plaintiff has been in

possession and enjoyment of the suit property for several years.

While so, in the third week of October, 2005, the plaintiff came

to know that 1^st defendant Tahsildar had included the name of the

2^nd defendant> Immediately after coming to know about the same,

the plaintiff made representations to the 1^st defendant seeking

to remove the name of the 2^nd respondent from the patta for the

suit property. Despite the same and repeated representations

made subsequently, the 1^st defendant did not remove the name of

the 2^nd defendant. Taking advantage of the situation, the 2^nd

defendant is trying to sell the suit property. The 2^nd defendant

is attempting to trespass into a portion of the suit property

and to encroach upon the same on the strength of the recent

inclusion of his name in the patta. The inclusion of name of the

2^nd defendant is illegal and unlawful. No notice was issued to

the plaintiff before the name of the 2^nd defendant was included

in the patta and thereby principles of natural justice were

violated. Hence, the suit.

4. The second defendant resisted the suit inter alia

contending that the suit is frivolous and vexatious and not

maintainable in law and on facts. The present suit has been

https://hcservices.ecourts.gov.in/hcservices/

filed as counter blast to the suit filed by the 2^nd defendant in

O.S.No.662 of 2007 on the file of the I Additional District

Munsif. This defendant has become the absolute owner of the suit

property pursuant to the sale deed executed on 31.08.1987 by

this mother. He has been in possession and enjoyment