Suit property was never vested with Municipality and was never asked to be converted into public street and it continued to be private road - Very existence of road not proved by plaintiff - Plaintiff not entitled to any relief

Citation

AIROnline 2021 Mad 1216

Madras High Court

MS . P. T. ASHA , J.

S.A. - 854 of 2008 D/- 14 - 7 - 2021

Sasikala v. Ammasi Ammal (deceased) and Ors.

Specific Relief Act (47 of 1963), S.34 - Suit for declaration - Plaintiff seeking declaration that

plaintiff as public is entitled to use suit property - Plaintiff also seeking restrainment against

defendants from obstructing plaintiff from using suit road - Only document filed by plaintiff

is sale deed in her favour and even this document does not advance case of plaintiff since

property on East is only shown as property of 2nd respondent and not as road - Plaintiff has not

filed layout plan - Plaintiff has not proved any easementary right over suit property either in

form of prescription or through grant - Suit property was never vested with Municipality and

was never asked to be converted into public street and it continued to be private road - Very

existence of road not proved by plaintiff - Plaintiff not entitled to any relief. Tamil Nadu District

Municipalities Act (5 of 1920), S.179, S.178, S.180A -

 (Paras 20 , 21 , 24 , 25)