LAWS(MAD)-2008-3-318

C CHINNASAMY REDDIAR Vs. EXECUTIVE OFFICER

Decided On March 19, 2008
C. CHINNASAMY REDDIAR Appellant
V/S
EXECUTIVE OFFICER Respondents

JUDGEMENT

(1.) THIS second appeal is focussed as against the Judgment and Decree dated 08.02.2000 passed in A.S. No.396 of 1999 by the Principal Subordinate Judge, Trichy, confirming the Judgment and Decree, dated 29.08.1996 passed in O.S. 39 of 1995 by the District Munsif Court, Musiri.

(2.) HEARD the learned Counsel for the appellant. Despite printing the name of the respondent, no one appeared.

(3.) DENYING and challenging the plaint averments the defendant Municipality filed the refutatory written statement, the nitty-gritty of it would run thus: Only temporary permission was granted for the plaintiff to put asbestos sheet in the HJFA portion and plaintiff is having no right to cover that area permanently. ABCD area is a public lane over which the plaintiff has no right to put up any construction temporary or permanent. Accordingly, the Municipality prayed for the dismissal of the suit.