GENERAL MANAGER Vs. AYYAKANNU (DIED)

JUDGEMENT

(1.) The unsuccessful defendants in the suit are the appellants herein.

(2.) The plaintiffs filed the suit for the relief of declaration and permanent injunction, in respect of the suit property.

(3.) The case of the plaintiffs is that the suit property, which is a cultivable nanja land, bearing Old S.No.276, situated at Abisekarapuram Village, Trichy, originally belonged to one Late Mottaiyandi and he was in possession and enjoyment of the same till his death, i.e. on 28/3/1994. After the death of said Mottaiyandi, a portion of the property, in S.No.276 was converted as a Pathway and the remaining portion has been in possession and enjoyment of the plaintiffs and the suit property is the ancestral property and they are claiming right over the same by virtue of Hindu Succession Act, 1956 (hereinafter, referred to as 'the Act'). 3.1 It is the further case of the plaintiffs that the defendant-Railway got their lands, comprised in S.Nos.179/1, 11, 181/2, 181/4 and 196 etc., which are adjacent to the plaintiffs' properties at S.No.276 on the western side and the same is used for training centre for Railway Protection Force. However, the defendants taking advantage of the fact that plaintiffs' property is adjacent to their properties and are lying vacant, attempting to encroach their property. Hence, the suit is filed for the declaration and injunction, as stated above.