The main question in this Second Appeal is whether the Government is a necessary party to the suit.

The relevant facts are: The plaintiff is the owner of the property described in the plaint schedule and the house bearing door No. 236 in the 15th ward of the Rajahmundry Municipality. His father and uncle purchased the same under a sale deed,dated 30th June, 1901, from one Kotta Manikyam. The defendant, the Municipal Council of Rajahmundry, through its Commissioner, issued a notice to his Plaintiff directing him to remove the pials, stone pavement and the tiled eaves of his house on the ground that they were encroachments on the public street." To avoid the execution of the threatened action, the plaintiff filed O.S. No 40 of 1040 on the file of the Court of the District Munsif, Rajahmundry, against the Municipality for a declaration of his title and for a permanent injunction restraining the Municipality from interfering with his possession.

The defendant, inter alia, contended that Government was a necessary party to the suit and also the suit was barred by reason of section 14 of the Madras Survey and Boundaries Act.

The learned District Munsif accepted the contentions of