JUDGMENT

Nasim Ali, J. - These two appeals arise out of two suits brought by the Maharaja of Hill Tippera against the Comilla Municipality and the lessees from the said Municipality. The case of the plaintiff briefly stated is as follows:

The predecessor-in-interest of the plaintiff made a grant of certain lands included in his zemindary for construction of roads for the use of the public, reserving the right to resume them when they would be no longer required for purposes of road. Roads were thereafter constructed on those lands and were being used by the public. Recently the defendant No. 1, i.e., the Chairman and the Commissioners of the Comilla Municipality within which the roads are situated let out portions of the side slopes of these roads to the other defendants for the construction of certain huts. Plaintiff is therefore, entitled to resume possession of these lands; plaintiff is also a rate-payer of the Municipality. In addition to the damage sustained by him along with other rate-payers on account of the obstruction caused by the lessees, plaintiff has also suffered special damage as his right of reversion has been interfered with. Plaintiff is, therefore, entitled in the