(1.) Plaintiff is the appellant in both the second appeals. He filed two suits, one O.S. No. 536 of 1973 before the Additional District Munsif Court, Kuzhithurai against the State of Tamil Nadu represented by the Collector of Kanyakumari District for declaration of his title and recovery of possession. He filed O.S. No. 562 of 1978 against the Panchayat Union, Melpuram as the first defendant and the District Collector, Kanyakumari District as the second defendant. There was a joint trial, common evidence was taken and a common judgment was pronounced. He filed appeals A.S. No. 139 of 1980 against the decision in O.S. No. 576 of 1973 and A.S. No. 138 of 1980 against the decision in O.S. No. 562 of 1978. Both the appeals were dismissed and the respective second appeals have been filed here.
(2.) The facts as set out in O.S. No. 536 of 1973 are as follows:
(3.) In the written statement filed on behalf of the Government, it was contended as follows: Suit items 1 and 2 formed part of S.No. 2676 -A which was Edavazhi poramboke. An Oodukoor case was taken in which, a plan was prepared for A letter and B letter. It had become final. The appellant was also a party to the Oodukoor case. He was bound by the Oodukoor plan. The subject matter of L.E. 346 of 1980 was for 1.500 cents in Edavazhi poramboke comprised in old S.No. 2676 -A. On appeal to the R.D.O. by the appellant, the Divisional Head Surveyor was directed to measure the site and fix up alignment stones for the poramboke. He found that the area encroached by the appellant was 1,100 cents in S.No. 2676 -A. As such it was recovered by the Tahsildar. There was no trespass by the Government into item No. 2 or any portion in S.No. 2676 -B. There was no cause of action for the suit.