ARULNIDHI Vs. SETHIATHOPE TOWN PANCHAYAT

JUDGEMENT

(1.) BEING aggrieved by the concurrent findings of Courts below dismissing the suit filed by him, the unsuccessful Plaintiff has filed this Second Appeal.

(2.) THE following facts are not in dispute, Sethiathope Town Panchayat constructed a new bus stand and shops at Sethiathope for which Sethiathope Town Panchayat borrowed a sum of Rs.22 lakhs from Tamil Nadu Urban Finance and Infrastructure Development Corporation Limited, Chennai. To repay the amount and also to augment the income of the Panchayat, Sethiathope Town Panchayat auctioned the shops in the bus stand. After complying all the formalities, public auction was conducted on 03.10.2002 and the shops were given to the highest bidder. Plaintiff participated in the auction and was allotted the suit property to run a Hotel and the licence was for a period of three years ended by 31.3.2005. In the next year, i.e. from 01.4.2005 to 31.3.2006, Sethiathope Town Panchayat decided to conduct auction and auction was to be held on 10.3.2005. At that stage, Plaintiff filed the suit for Permanent Injunction restraining the Defendant-Panchayat from evicting the Plaintiff except under due process of law.

(3.) ON the above pleadings, relevant Issues were framed. ON behalf of the Plaintiff, Exs.A1 to A26 were marked and no oral evidence was adduced. ON the side of the Defendant-Panchayat, the Executive Officer was examined as DW1 and Exs.B1 to B4 were marked.