POLLACHI MUNICIPALITY Vs. A. ABDUL SATHAR

JUDGEMENT

(1.) The revision petitioner herein is the defendant and the respondent herein is the plaintiff in the suit in O.S.No.54 of 2016.

(2.) The suit in O.S.No. 54 of 2016 was filed by the respondent herein praying for the relief of declaration to declare that the notice dtd. 25/1/2016 in Na.Ka.No.8736/A6 issued by the defendant/Municipality is unsustainable and for consequential permanent injunction restraining the defendant/Municipality in any manner interfering with the plaintiff's peaceful possession and enjoyment of the suit property.

(3.) According to the respondent/plaintiff he was inducted as a lessess by the defendant/Municipality on 4/9/1990 even according to the plaintiff the lease was only for a period of four months 1/11/1990 to 31/3/1991 on a daily rent of Rs.20.00. According to the respondent/plintiff he is running a Tiffin Stall in the name and style of Sattar Hotel from 1990 till the date of instituting the suit. During the year 2008 a notice dtd. 11/12/2008 was issued calling upon the plaintiff to vacate the premises in question. However, no further action was taken. Thereafter, in the year 2013 the defendant/Municipality attempted to evict the plaintiff from the possession and therefore, the respondent/plaintiff has filed a W.P.No.32685 of 2013 before this Court in which a direction was issued to the defendant/Municipality to consider his claim of the respondent/plaintiff by following due process of law. Pursuant to the order dtd. 10/12/2015 passed by this Court, the defendant/Municipality issued the notice dtd. 25/1/2016 calling upon the plaintiff to remove the superstructure and handed over the vacant possession to them within fifteen days. Aggrieved by the notice dtd. 25/1/2016 the respondent/plaintiff instituted the suit.