This Second Appeal arises out of a suit filed by the appellant for a permanent injunction restraining the Corporation of Madras from interfering with the peaceful possession of the property or from removing the tea stall.

The appellant’s case is that he is in occupation of a small vacant space 713 sq. ft. bearing R.S. No. 11715/1, George Town, Madras, that he has constructed a stall wherein he is carrying on business in vending tea and some other miscellaneous articles to the public since 1957, that he has paid rent up-to-date to the Tahsildar and also the tax due to the Corporation for the stall, and that he has obtained supply of electricity from the Electricity Board. The appellant further contends that all on a sudden, under section 220 of the Madras City Municipal Act, the Corporation gave notice, on the ground that he has constructed a stall on a public place the control of which is vested with the Corporation. The appellant alleges in his plaint that the said notice is invalid and irregular in law, that the Corporation cannot ask him to remove the stall which he has constructed at a cost of Rs. 4,000 and that therefore he had to file the present suit, out of which t