Madras High Court
Kalaivani vs K.Rajan on 11 April, 2022
S.A.No.352 of 2012
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.04.2022
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH
Second Appeal No.352 of 2012
and MP No.1 of 2012
1. Kalaivani
2. Minor Maheswaran
3. Minor Subash Santhuru
4. Minor Abirami ... Appellants
(Appellants 2 to 4 are minors rep. By their
Guardian mother 1st appellant Kalaivani)
Vs.
1. K.Rajan
2. Jothimani
3. The District Collector,
Erode District at Erode.
4. The Tahsildar
Perundurai Taluk, Perundurai. ... Respondents
1/6
https://www.mhc.tn.gov.in/judis
S.A.No.352 of 2012
Prayer: Second Appeal filed under Section 100 of the Code of Civil
Procedure, to set aside the judgment and decree of the learned Subordinate
Judge of Perundurai, dated 29.07.2010 in A.S.No.2 of 2010 confirming the
judgment and decree of the learned District Munsif of Perundurai, dated
25.02.2009 in O.S.No.188 of 2007.
For Appellants : Mr. V.Nicholas
For Respondents : No appearance for R1 & R2
R3 & R4 – Ex-parte
JUDGMENT
The legal representatives of the plaintiff are the appellants in the
Second Appeal.
2. The suit was filed on the ground that the plaintiff is in possession
and enjoyment of a thatched house for more than 15 years in the suit
property and he was paying necessary tax to the concerned authority. It is
alleged that the defendants were attempting to interfere with the
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S.A.No.352 of 2012
possession and enjoyment of the property and hence the suit was filed
seeking for the relief of permanent injunction.
3. The first and second defendants filed a written statement and took
a stand that the plaintiff was never in possession and enjoyment of the
property and the suit property was allotted for a temple. It is stated that
the plaintiff attempted to encroach upon the suit property and put up the
thatched house and the same was prevented by persons belonging to the
locality. It is alleged that the plaintiff is attempting to encroach upon the
property and therefore had filed the suit with the false claim as if he is in
possession and enjoyment of the property. Accordingly, the first and
second defendants sought for the dismissal of the suit.
4. Both the Courts below on considering the facts and circumstances
of the case and after appreciating the oral and documentary evidence,
concurrently held against the plaintiff and dismissed the suit. Aggrieved
by the same, the legal representatives of the plaintiff have filed the present
Second Appeal.
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S.A.No.352 of 2012
5. This Court heard the learned counsel for the appellant and
carefully perused the materials available on record and the findings of
both the Courts below.
6. Both the Courts below took into consideration the fact that the
suit property has been described in the Adangal to be a vacant land. The
Courts below also found that even though the plaintiff claims to be in
possession and enjoyment of the suit property for more than 15 years, not
a single document was produced to show that the plaintiff had constructed
a house and had paid tax to the concerned authority. Both the Courts
below concurrently held that the plaintiff has miserably failed to prove the
possession and enjoyment over the suit property and this coupled with the
fact that the property was shown to be a vacant land, impelled both the
Courts below to dismiss the suit filed by the plaintiff.
7. In the considered view of this Court, the factual findings were
rendered by both the Courts below based on the evidence available on
record and this Court does not find any perversity in those findings
rendered by both the Courts below. In any event, no substantial questions
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S.A.No.352 of 2012
of law are involved in the Second Appeal.
8. In the result, the Second Appeal is dismissed. Considering the
facts and circumstances of the case, there shall be no order as to costs.
Consequently, the connected miscellaneous petition is closed.
11.04.2022
Index : Yes/No
Internet : Yes/No
Speaking Order / Non Speaking Order
jv
To
1. The Subordinate Judge,
Perundurai.
2.The District Munsif,
Perundurai.
3. The Section Officer
VR Section,
High Court Madras.
https://www.mhc.tn.gov.in/judis
S.A.No.352 of 2012
N. ANAND VENKATESH, J.
jv
Second Appeal No.352 of 2012
and MP No.1 of 2012
11.04.2022
https://www.mhc.tn.gov.in/judis
