RAMASWAMY ALIAS MANIKANTAN Vs. EXECUTIVE OFFICER

JUDGEMENT

(1.) The plaintiff is the appellant herein.

(2.) The plaintiff filed the suit in O.S.No.304 of 1993 against the respondent, the Executive Officer, Pacode Town Panchayat seeking for permanent injunction restraining him from interfering with the plaintiff's possession in the suit property. According to the plaintiff, he and his predecessor have been in possession of the suit property for more than 60 years. He obtained decrees in two earlier suits in O.S.Nos.173 of 1990 and 105 of 1991. In both the suits, the possession of the plaintiff in the suit property has been decided. The defendant Panchayat who was a party in both the suits tried to disturb the possession. Therefore, the suit was filed for permanent injunction.

(3.) According to the defendant, the suit property is a poramboke and belongs to the Government. The respondent/defendant was not a party in O.S.No.173 of 1990. The plaintiff has no title in the suit property. Therefore, the suit is liable to be dismissed.