C.S. Karnan, J. - (1.)The plaintiff viz., Dass has filed an original suit in O.S. No. 257 of 1994, on the file of Principal Sub Court, Nagercoil. As he expired during the pendency of the Second Appeal, his legal -heirs have been impleaded as necessary parties.
(2.)The brief facts of the plaint are as follows: - -
"The plaint schedule mentioned property originally belonged to Travancore Maharaja, who had executed a registered deed bearing No. 1663, dated 03.05.1918 and handed over the possession to one Mathan Kani and 23 others without paying any tax. Accordingly, Mathan Kani and his associates have cultivated teakwood, lemon tree, mango trees, tamarind trees, jack fruit trees, neem trees etc., besides paddy, plantains and tapioca crops. The plaintiff had put up a fence around the land. Further he constructed a superstructure for the workers and pathways and roads were formed in the property. A tank was formed for rearing fish and a Sastha Temple was constructed for worship."

(3.)The plaintiff further stated the schedule mentioned properties have been surrounded by 4 boundaries. After the death of Mathan Kani, his legal -heirs are enjoying the said property and pursuing the same agricultural operations. While so, an extent of 200 acres was given to one David Louis as lease under a registered deed bearing No. 2158, dated 02.06.1103 M.E. After the death of David Lewis, his only brother David Elias took over the property and was enjoying the same. After his life time, his son George succeeded the property and was enjoying the same. In the mean time, the lease period expired and as such, George became the owner of the property and enjoying the same. From him, the plaintiff took an extent of 200 acres under lease in the year 1972, wherein, the plaintiffs had cultivated rubber plantations, mango, tamarind, jack fruit, lemon, cashew nuts and they are yielding. He has cultivated seasonal crops like tapioca, paddy and pepper. Subsequently, the plaintiff purchased a land on 07.11.1985 after paying the full consideration and patta had also been granted in favour of the plaintiff. The Government had conducted land measurement and classified the land as Government poramboke land. The Travancore Government had given the property as Inam and as such, the classification of the land as poramboke by the Government is an erroneous one and not valid under law. However, the plaintiff's enjoyment rights will not be affected. The Government had not given any notification regarding the said modification. Under these circumstances, the defendants declared that the subject matter of the property had been assigned to the Forest Department. Hence, the defendants informed the plaintiff that they would interfere with the said property. The plaintiff also submitted an application before the Settlement Director, who had rejected the same without conducting an enquiry. Against the said rejection order, the plaintiff made an appeal. The defendants had made an attempt to take over the said property and hence, the plaintiff had levelled a writ petition in W.P. No. 13144 of 1986. In the said writ petition, the defendants had admitted the plaintiff's enjoyment. Thereafter the plaintiff had filed original suit in O.S. No. 198 of 1987 to establish the civil rights. Subsequently, the same had been withdrawn and he had filed the above suit for permanent injunction and declaration stating that the schedule mentioned property belongs to the plaintiff.