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Latchmi Narayana Iyer Vs. the Municipal Council of Trichinopoly Represented by Its Chairman - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtChennai
Decided On
Judge
Reported in5Ind.Cas.916
AppellantLatchmi Narayana Iyer
RespondentThe Municipal Council of Trichinopoly Represented by Its Chairman
Cases ReferredMothe Achayya Garoo v. The Municipal Council of Ellore
Excerpt:
madras district municipalities act (iv of 1884), section 168 - encroachment--easement. - 1. following the decision in mothe achayya garoo v. the municipal council of ellore 19 m.l.j. 757 : 7 m.l.t. 66 : 4 ind. cas. 828, we hold that the pandal constitutes a projection liable to be removed by order of the municipality. the plaintiff can have no easement which overrides the provision of section 168 of the district municipalities act.2. the second appeal is dismissed with costs.
Judgment:

1. Following the decision in Mothe Achayya Garoo v. The Municipal Council of Ellore 19 M.L.J. 757 : 7 M.L.T. 66 : 4 Ind. Cas. 828, we hold that the pandal constitutes a projection liable to be removed by order of the Municipality. The plaintiff can have no easement which overrides the provision of Section 168 of the District Municipalities Act.

2. The second appeal is dismissed with costs.


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