1/2 Sq.Ft. out of the total extent of 972 Sq.Ft. belonging to the plaintiff. According to the appellant/first defendantMunicipality, the entire land of 972 Sq.Ft. is said to have been been belonging to the plaintiff based on patta issued and not of any sale deed. It is further averred that the extent of the subject matter of the suit is poramboke land belonging to Municipality and that there is a bus stand abutting the site which forms part of the bus stand. Based on a partition suit between the plaintiff and one Rajaram, the said land vested with the plaintiff and the land that belongs to the plaintiff is based on collusive suit and the plaintiff is entitled to any relief, but unfortunately, the suit for declaration and mandatory injunction, apart from permanent injunction sought for, has been decreed by the lower Court. Aggrieved by the judgment and decree of the trial Court, the defendants, namely Namakkal Municipality and the District Collector, Namakkal have preferred First Appeal before the lower appellate Court, which confirmed the relief granted by the trial Court with regard to the declaration and mandatory injunction, but however, the lower appellate Court reversed the finding with regard to the permanent injunction and observed that since the Municipality is in possession of the disputed site in question, it is open for the plaintiff to seek the relief of possession by filing a separate suit. Admittedly, no appeal has been preferred insofar as that finding is concerned, by the plaintiff who is the first respondent herein. However aggrieved by the relief of declaration and mandatory injunction granted by the Courts below, this Second Appeal has been preferred by the Municipality.
