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2005 Supreme(Mad) 87

D.MURUGESAN, MARKANDEY KATJU
A. Thayal Nayagi – Appellant
Versus
Union of India owning Southern Railway & Others – Respondent


Advocates Appeared: For The Appellant:V.Raghavachari, Advocate. For The Respondents: ---

Judgment :-

Markandey Katju, C.J.

This writ appeal has been filed against the impugned judgment of the learned single Judge dated 26.2.2003.

2. Heard learned counsel for the appellant.

3. The appellant was a licensee of railway land along with other licensees. Most of the original licensees died and third parties are illegally occupying the plots in question. In some cases though the original licensees are occupying the plots for which licenses were given, the period of licenses has long expired and had not been renewed. Hence such persons are unauthorised occupants occupying the plots without any right.

4. The learned single Judge in his judgment has hence rightly set aside the judgment of the learned District Judge, Trichirapalli. We have carefully perused the judgment of the learned single Judge and fully agree with the reasoning given, which we are not repeating.

5. The appellant was only a licensee of the plot in question and it is well settled that a licensee has no right vide section 60 of the Easements Act. Moreover the period of license expired a long time back and hence the appellant was clearly an unauthorised occupant.

6. Learned counsel for the appellant however argued that

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