S SATISHKUMAR Vs. MEMBER SECRETARY METROPOLITAN DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) THIS Second Appeal arises out of the Judgment in A.S.No.170/1995 reversing the findings of the trial court in O.S. No.6719/1991 and thereby dismissing the Plaintiff-s suit for permanent injunction.

(2.) APPELLANT/Plaintiff has applied for approval of construction plan to the 1st Defendant - Commissioner, Corporation of Madras. Corporation has sanctioned permission for construction of APPELLANT's premises bearing Door No.60, Choolai High Road, Chennai-7.

(3.) ON the above pleadings, relevant issues were framed. Trial court reached the conclusion that there was no proof showing that notice had been sent through messenger. Trial court further held that notice had been sent nearly four years after the construction of the building was completed and on those findings decreed the suit granting permanent injunction as prayed for.