Vipra Sabha Vs. The Namakkal Municipality & Anr  INSC 1383 (4 November 1996)
4TH DAY OF NOVEMBER, 1996 Present:
Mr. Justice K. Ramaswamy Hon'ble Mr. Justice G.B. Pattanaik S. Sivasubramaniam,
Sr. Adv., R. Nedumaran, V.G. Pragasam, Advs. with him for the appellant R.
Mohan, Sr. Adv. and T. Raja, Adv. with him for the Respondents.
O R D
following Order of the Court was delivered:
have heard learned counsel for the appellant.
appeal by special leave arises from the order of the learned single Judge of
the High Court of Madras, mad on September 1, 1996 in SA No.2235/83.
appellant had filed a suit for declaration of title and for perpetual injunction.
The contention raised by the appellant was that the property being an estate he
has perfected his title thereto. The case of the respondents is that it is a Pavadi
land and after the abolition of the estate, it stood vested in the State free
from all encumbrances. All the courts below have concurrently found that the
appellant has no title to the property but he was in possession of the
property. Accordingly, a direction was given to have him ejected in accordance
with law. After the judgment was rendered by the High Court, the notice was
given to the appellant on September 1, 1995
and they refused to receive the notice. As a result, on 2.9.1995, notice was
served on the appellant by affixture and possession thereof was taken on
9.9.1995 under the provisions of Section 339(2) of the Tamil Nadu Municipal
Act. Thus the land stood vested in the State after due ejectment by the
appellant. It is stated that it is the part of the public bus stand and the
site in question and that the public passenger buses enter through it. A plan
was filed in that behalf marking in red the portion which is part of the bus
stand. Under these circumstances, we do not think that it is a case warranting
appeal is accordingly dismissed. No costs.