COMMISSIONER PONDICHERRY MUNICIPALITY Vs. JANARDHANAM

JUDGEMENT

(1.) AGGRIEVED by the judgment and decree dated 2. 12. 1991 passed in A. S. No. 76 of 1991 by the First Additional District Judge, Pondicherry reversing the judgment and decree dated 30. 4. 1991 made in O. S. No. 536 of 1981 by the Principal District Munsif, Pondicherry, the defendant has filed the above second appeal.

(2.) THE averments made in the plaint are as follows: the plaintiff is a dealer in vegetables both wholesale and retail in big market, Pondicherry, and has been doing business since 1978 under the name and style of Dhanalakshmi Vilas. The plaintiff used to utilize the vacant site under the stair case on the Northern side of Grand Bazaar abutting the arch for keeping the vegetable baskets being unloaded from lorries in the early hours. With a view to harass the plaintiff, the defendant attempted to remove the baskets, which were kept for a short period, forcibly in the month of September 1988. Though the plaintiff offered to pay rent to the vacant space under the stair case, he was not allotted any vacant space under the stair case. Further, whenever the shops in the market fell vacant, the defendant is not inclined to allot the vacant shop to the plaintiff. In the month of February, 1989, when the defendant tried to fence the space behind the stair case with grill, the plaintiff issued a statutory notice dated 7. 2. 1989 to the defendant, who also gave reply containing false and untenable averments. Hence, the plaintiff filed the above suit seeking for a decree of permanent injunction.

(3.) DENYING the averments made in the plaint, the defendant filed a written statement and prayed for dismissal of the suit.