LAWS(MAD)-2005-8-16

MOTHERLAND SERVICES Vs. MADRAS POST TRUST

Decided On August 02, 2005
MOTHERLAND SERVICES Appellant
V/S
MADRAS POST TRUST Respondents

JUDGEMENT

(1.) THIS Civil Revision Petition is directed against the order dated 31. 01. 2002 passed by XIV Assistant Judge, City Civl Court, Chennai made in I. A. No. 4403 of 2001 in O. S. No. 7033 of 1997, dismissing the Amendment Application filed under Order VI Rule 17 C. P. C. The Plaintiff is the Revision Petitioner.

(2.) O. S. NO. 7033 of 1997:- The Plaintiff has filed this Suit for declaring that he is the Tenant in respect of land to an extent of 10 Sq. meters near the Anchor Gate of the Madras Port Trust, Madras - 1 and for Injunction restraining the Defendants from in any manner interfering with his peaceful possession and enjoyment of the Schedule mentioned property. Case of the Plaintiff is that he was provided 10 Sq. metres for funning a Snack Kiosk within the premises of the Madras Port Trust. He was allotted the space and using the funds raised by the Members of the Plaintiff Society, the Plaintiff started the business providing employment for nearly 10 youngsters. The Plaintiff incurred expenditure for laying Water Pipe Lines and for getting Electricity Supply at his cost. To run the snack kiosk, the Plaintiff has also put up a permanent structure with rolling shutters by incurring considerable expenditure. In the year 1992, the Plaintiff was sought to be vacated by the Defendants on the alleged plea that the space was required by the Port Trust for its developmental activities. Thereupon, the Plaintiff had filed Writ Petition, challenging the threatened action. Since the threatened action was not pressed, the Plaintiff had later withdrawn the Writ Petition. In September - October 1996, the Defendants informed the Plaintiff to vacate the premises by 30. 11. 1996 on the alleged ground of health hazard and detrimental to development of Port Trust. The Plaintiff made a representation dated 15. 11. 1996 to the Defendants. But, the said representation has not been considered by the Defendants. The Second Defendant had issued a Notice on 21. 12. 1996 to the Plaintiff to vacate the premises on or before 31. 03. 1997. By a further Notice dated 09. 04. 1997, the Second Defendant had asked the Plaintiff to vacate the premises on or before 30. 06. 1997. Since the Plaintiff is having exclusive possession of the area allotted to them where they have put up permanent super structure, incurring considerable expenses, the Plaintiff has filed this Suit for declaring him as Tenant in respect of the land to an extent of 10 sq. meters near the Anchor Gate.

(3.) DENYING the allegations in the Plaint, the Defendants - Madras Port Trust had filed the Written Statement contending that the Plaintiff was only a Licensee for running snack kiosk. The terms and conditions of the allotment of the licence of the space are contained in the proceedings of the Port Trust. The Plaintiff is bound by the terms and conditions of the Allotment. Their licence shall be renewed from time to time.