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1913 Supreme(Mad) 184

SADASIVA.AIYAR
The Chairman, Municipal Council – Appellant
Versus
Subba Pandithar – Respondent


JUDGMENT

Sadasiva Aiyar, J.

1. The Lower Courts in considering the question of possession have proceeded on the footing that the plaintiff should have had adverse possession for 30 years before suit before he could acquire title to the street space encroached upon against the Municipality of Srirangam. It is clear that if he had had possession for 19 years before the Limitation Amendment Act of 1900 came into force, that possession was sufficient to have given him a clear title as against the Municipality.

2. On the question whether under Section 168 of the District Municipalities Act the Municipal Council was entitled to remove the projections and encroachments, even though the plaintiff had acquired full title to them and to the site on which the encroachment show, I have had serious doubts. In the case of Basawaswara Swami v. Bellary Municipal Council (1912) 23 M.L.J. 479 the Government was a party to the suit and their title was not lost. Further. the adverse title established there did not relate to the whole cubic space of the street belonging to the Municipality but only to the upper space portion situated over a drain space which still continued vested in the Municipality. An






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