On 23.2.1984, by virtue of the Office Memorandum 255, the Transport Department of the State Government handed over Survey No.163 admeasuring 24.62 acres to Salem Municipality for companystruction of a new bus stand.
It was claimed by the plaintiff that his predecessor in title, companytinued in possession of the land when the Act called the Tamil Nadu Estates Abolition and Conversion into Ryotwari Act, 1948 in short the Act of 1948 came into force.
A second application for ryotwari patta moved by Pachiappan was rejected as per government Order dated 11.5.1971.
The State Government enforced the other Sections on the appointed date i.e. 19.12.1950.
In the lease deed area was described as Chinneri Tank Bund Side Waste dry and Chinneri Tank Bund Upper dry.
The Salem Municipality and State of Tamil Nadu and others are in appeals aggrieved by the judgment and decree passed by the High Court of Judicature at Madras on 8.12.2010 thereby deciding three Second Appeals by the companymon judgment and order reversing the judgment and decree passed by the First Appellate Court of dismissal of the suits and restoring that of the Trial Court.
The Act was published on 19.4.1949.
Survey Map of the village also records that the old survey number 779 has vested in the State.
The plaintiff objected and obtained the stay orders from the Government of Tamil Nadu against trespass.
In Writ Petition No.5642/1992 he prayed that respondent may be directed to companysider an application for grant of ryotwari patta.
Review application was filed by Pachiappan.
The suits are with respect to said land.
However, both the writ petitions were dismissed as withdrawn.
It was claimed by the plaintiff that initially, the lease was granted in favour of S. Vijayaranga Mudaliar on 19.11.1940 by the erstwhile Zamindar Ms.Gnanambal.
Further, the extent of the Achuvan Eri as per the records is only 15.00 acres.
The Plaintiff had remained in actual possession and enjoyment of suit property.
It is significant that each of lease had been granted for eight months, each year companytinued from November to June next year, to expire before the companymencement of rains in July as the land used to be submerged as it was situated in Chinneri Bund side.
The prayer was rejected on the ground that land was number ryoti land and it was recorded as companymunity land.
Earlier writ petition filed in 1984 was also dismissed with liberty to file a civil suit.
That application was ultimately rejected vide Ex.
It was also observed that the entire area companyes into submergence and the land in question forms part of the irrigation tank.
By virtue of the various leases granted to Vijayaranga Mudaliar, he became entitled to obtain ryotwari patta under Section 11 of the Act of 1948.
Besides declaration and injunction, prayer was also made for demarcation of the property in question.
The Forest Department withdrew and was restrained from further work.
The plaintiff also filed applications for grant of ryotwari patta in his favour and his predecessor in interest since 1940 onwards had prescribed his title by virtue of adverse possession also.
Thereafter, the entire Pallapatti village vested in the State as numberified under the Act of 1948.
The document records the fact that Pachiappans application for grant of ryotwari patta has been rejected on 5.11.1968.
Prayer for grant of Ryotwari patta of the disputed land was rejected vide order 5.11.1968 passed in DOS 739/68 F 2 by Assistant Settlement Officers KDIS No.
The cause of action arose in the year 1940, thereafter in 1952, when the sale deed was executed and again in the year 1984.
Pachiappan had filed a civil suit on 20.12.1984 registered as O.S.34 of 1985 in the Court of District Munsiff of Salem against the State of Tamil Nadu and M s. Anna Transport Corporation for declaration of title and permanent injunction in respect of 4.91 acres of the land, out of survey No.163.
I.A. 583/94 for its restoration was pending.
When we companysider Exh B 13, Fasli 1379 1969 year Gregorian the land has been recorded as Chinneri small lake .
There is yet another settlement entry of 1959 which records that Survey No.163 had been carved out of 779 in an area 24.62 acre and area has been recorded as Achuveri i.e., lake and also Porampoke i.e., for the companymon use.
737/1968.
He has prayed for the same relief in the third civil suit.
The application No.
The suit property never formed part of the companymunal land of Achuvan Eri or its tank bund.
Yet another civil suit came to be filed by the same plaintiff as against Salem Municipality alone for declaration and injunction on 22.12.1989.
As recorded in the survey land register, Exhibit B 2, prepared in the survey and settlement in 1959, the total area of the land 163 779 was 24.62 acres, recorded as Achuvan Eri lake .
Third suit O.S.No.342/1996 348/95 renumbered as 2066/96 was filed as against Salem Municipality, Anna Transport Corporation and State of Tamil Nadu.
Plaintiff entered into an agreement to purchase the suit property in 1951 which culminated into a sale on 29.9.1952.
In the year 1982, Forest Department attempted to companymit a trespass in the suit property and put up a nursery.
The suit was decreed on 27.4.2000.
Similar leases had been granted on 19.11.1942 in 1943 and 1946.
The original plaintiff late P.C. Pachiappan purchased 4.91 acres of land from S. Vijayaranga Mudaliar.
He had filed yet another writ petition No.3932/1992 for restraining the respondents from disturbing peaceful possession and enjoyment of the property.
Sale deed has also been relied upon, the documents A 1 to A 4 have been relied upon by the High Court.
Sections 1,2,4,5,7,8 58 A,62,67 68 came into force on 19.4.1949, as provided under Section 1 4 of the Act of 1948.
OS.34/1985 was dismissed in default, in the absence of both the parties.
After the restoration of the suit of 1985, three suits were decided vide companymon judgment and decree dated 27.4.2000 passed by the Trial Court, Additional District Munsif of Salem.
Thereafter, the fourth application was filed for obtaining ryotwari patta by Pachiappan on 26.3.1992.
P 5 on 9.5.1984.
Earlier suit No.
The appeals were allowed by the First Appellate Court i.e., First Additional District Court, Salem vide judgment and decree dated 30.1.2004.
It was also rejected vide order dated 7.5.1973 on the ground that records of rights made it apparent that disputed land formed part of Achuvaneri which is IV class irrigation source with wet ayacut registered under it and that it is retained as the tank in the interest of ayacutdars under it.
It was from the month of November 1940 to the month of June 1941.
It transpires that late Vijayaranga Mudaliar had applied for a grant of Ryotwari Patta under section 11 of the Act of 1948.
Unfettered by the previous two rejections, Pachiappan again for the third time applied for issuance of patta on 21.6.1982.
Thereafter, P.C. Pachiappan applied under section 11 of the Act of 1948 for grant of Ryotwari patta of the newly carved out Survey No.163 companyresponding to old survey No.
Pursuant thereto, the possession of the entire village was taken over by the Government, which included the disputed land also, vide possession receipt dated 12.1.1951.
Aggrieved thereby, three second appeals, which were preferred have been allowed by the impugned judgment and decree thereby restoring that of the Trial Court.
Thereafter, settlement in the area was undertaken and was finally numberified in the Gazette dated 21.12.1963.
Hence, it companyld number have been allotted.
