ORDER

1. The Salem Municipality and State of Tamil Nadu and others are in appeals aggrieved by the judgment and decree passed by the High Court of Judicature at Madras on 8.12.2010 thereby deciding three Second Appeals by the common judgment and order reversing the judgment and decree passed by the First Appellate Court of dismissal of the suits and restoring that of the Trial Court.

2. It was claimed by the plaintiff that initially, the lease was granted in favour of S. Vijayaranga Mudaliar on 19.11.1940 by the erstwhile Zamindar – Ms.Gnanambal. It was from the month of November 1940 to the month of June 1941.

3. Similar leases had been granted on 19.11.1942 in 1943 and 1946. In the lease deed area was described as “Chinneri Tank Bund Side -Waste dry” and “Chinneri Tank Bund Upper-dry”.

4. It is significant that each of lease had been granted for eight months, each year continued from November to June next year, to expire before the commencement of rains in July as the land used to be submerged as it was situated in Chinneri Bund side.

5. It was claimed by the plaintiff that his predecessor in title, continued in possession of the land when the Act called the Tamil Nadu Estates (Abol