P SOMU Vs. COMMISSIONER VELLORE MUNICIPALITY

JUDGEMENT

(1.) THE appellant claimed to be the legal representative of the original plaintiff by name Chinnammal. THE said Chinnammal filed O.S. No. 371 of 1991 on the file of the District Munsif, Vellore seeking for a decree of permanent injunction restraining the defendant-municipality from evicting her by force without following due process of law.

(2.) THE case of the plaintiff is that she had been permitted to occupy the disputed place by the defendant-municipality pursuant to their resolution dated 10.2.1989. Having permitted the plaintiff to occupy the land for having a bunk shop, the defendant's officials are trying to evict her by force. Hence, the suit.

(3.) THE only question urged by the learned counsel for the deceased appellant herein is that the legal heir of the deceased appellant cannot be evicted without following due process of law, especially when the original plaintiff had been in occupation since 1989.