RAJARAMAN Vs. COMMISSIONER

JUDGEMENT

(1.) This second appeal has been filed to set aside the Judgment and Decree passed in A.S.No.12 of 2016 dated 09.07.2020 by the Sub Court, Nagapattinam, confirming the Judgment and Decree passed in O.S.No.136 of 2011 dated 21.01.2016 by the District Munsif Court, Nagapattinam and allow the prayer in Original Suit in O.S.No.136 of 2011 on the file of the District Munsif Court, Nagapattinam.

(2.) The main contention of the learned counsel appearing for the appellant is that the appellant was working as a Sanitary Supervisor at Nagapattinam Municipality, while he was working, by virtue of the allotment dated 27.06.1995, the suit schedule property was provided for his accommodation on rental basis. He submitted that by virtue of G.O.Ms.No.730, Rural Development and Local Administration Development dated 14.04.1976, if any of the employees are willing to purchase the house, the said house will be sold to the said resident of the house. Therefore, he has made an application based on the G.O.Ms.No.730, to sell the property to the appellant herein and subsequently, he made a request to the respondent to sell the property.

(3.) Further the learned counsel appearing for the appellant submitted that there are 16 houses in his building. The respondent Municipal Corporation through its Resolution No.76 dated 19.08.1978 and Resolution No.321 dated 09.07.1981 had passed a resolution to sell 8 houses out of 16 houses constructed under the Low Income Group Housing Scheme to the occupant Municipal employees. Later, by virtue of G.O.Ms.No.1470, Rural Development and Local Administration Development dated 16.10.1981, eight houses were sold to the resident of the said houses and the balance eight houses were retained with the employees of the respondent, since the appellant is residing from the year 1995 to till 2009 and he is certainly entitled for the property by virtue of G.O.Ms.No.730, dated 14.04.1976.