Alfred Henry Lionel Leach, C.J.

1. On the 21st June, 1937, the Municipal Commissioner of Vizagapatam served upon the plaintiff a notice to remove within seven days a tiled house, pial and steps which it was said encroached upon " municipal land," by which was meant a public street. The plaintiff denied that there was any encroachment, but as he feared that the municipality would carry out its threat to remove the alleged obstruction if he did not comply with the notice, he filed in the Court of the District Munsiff of Vizagapatam the suit which has given rise to this appeal. He asked for a declaration that the site marked A, B, C and D on the plan attached to the plaint belonged to him and for the issue of a permanent injunction restraining the municipality from removing the structures on the land. The municipality was made the sole defendant. The Municipal Commissioner, on its behalf, pleaded that the Government was a necessary party and as the result the Provincial" Government, represented by the Collector of Vizagapatam, was added as the second defendant.

2. The plaintiff did not agree with the municipality s contention that the Government was a necessary party and insiste