ALFRED HENRY LIONEL LEACH
Mayandi Chettiar – Appellant
Versus
The Madura Municipality through its Commissioner – Respondent
Alfred Henry Lionel Leach, C.J.
1. By an order dated the 10th August, 1931, the Provincial Government superseded the Madtira Municipal Council and appointed a Special Officer to carry out the functions of the Council for a period of one year from the 14th August, 1931. This order was passed under the provisions of Section 411(1) of the Madras District Municipalities Act, 1920. On the 7th June, 1932, the Special Officer caused a building belonging to the appellant to be demolished. Thereupon the appellant filed in the Court of the District Munsif, Madura Town, the suit out of which this appeal arises of the recovery of damages. The suit was subsequently transferred for hearing to the Court of the District Munsif, Madura Taluk, whtf held that the appellants contention was well founded and gave him a decree for Rs. 100 with costs. The respondent council appealed to the Subordinate Judge of Madura, who reversed the decree of the District Munsif on the ground that the Special Officer had acted within the law. The appellant now appeals to this Court and asks for the. restoration of the decree of the Court of the District Munsif.
2. Before referring to the sections of the Madras Dis
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