DIRECTOR OF HEALTH SERVICES Vs. SEVUGAPERUMAL

JUDGEMENT

(1.) The two petitioners in the CR under Article 227 of the Constitution of India dated January 15, 2015 are questioning an order of the Joint Civil Judge (Sr.D), Port Blair dated June 27, 2014 in the first opposite party's MJ No. 4 of 2014.

(2.) The Estate Officer, South Andaman, Port Blair passed an order dated December 8, 2010 against the first opposite party under S. 5(2) of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971.

(3.) On December 31, 2010 the first opposite party filed a Title Suit No. 181 of 2010 in the Court of the Civil Judge (Sr.D), Port Blair. The suit was re-numbered as Title Suit No. 22 of 2011. In para 29 of the plaint the first opposite party said that in view of the eviction order dated December 8, 2010, his cause of action arising in 1977, when he had encroached upon the Government land (the suit property) and erected a residential house and a temple using the land, was continuing.