RAMASWAMI GOUNDER
The Proddatur Municipal Council represented by its executive Authority the Commissioner Petitioner in – Appellant
Versus
Gurnam Hanumanthu – Respondent
This is a batch of Civil Revision Petitions which have been filed against the order made by the District Munsif of Proddatur that the Collector is neither a necessary nor a proper party in several suits in which he was sought to be impleaded as a party defendant.
The suits have been filed by certain residents of Proddatur against the Proddatur Municipality which has booked them in regard to certain encroachments on road margins as per survey under the Madras Survey and Boundaries Act. These residents have filed these suits for declaration of their title in respect of those lands forming the subject — matter of encroachment and eviction notices and for an injunction against the Municipality from disturbing their possession. The Municipality contended that these properties were vested in the Municipality only for municipal purposes and that the grant of a declaration of title to the plaintiffs materially affects the right of the real owner, the Government, and that the Government would therefore be a necessary party. It is further urged that even if the suit is one under section 14 of the Survey and Boundaries Act, inasmuch as the suits are between private persons and the Mu
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