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Judgment
The act done was the erection of a toll gate on a vacant site.
The erection of toll gates or of bars for the collection of tolls is one of the duties imposed on Municipalities by the District Municipalities Act
(Section 92), and the plaintiff''s own case is that the act complained of was done by the Municipality through their Chairman. The ''finding of the
Subordinate Judge that the act on which the plaintiff grounds his cause of action was not an act done under the District Municipalities Act is
therefore in our opinion clearly erroneous in law, and this being so, the suit was clearly barred u/s 261 of Madras Act IV of 1884, it not having
been brought until nearly 16 months had elapsed from the date on which the defendants had taken possession.
We must allow the Appeal, and reversing the Subordinate Judge''s decree, we restore the decree of the District Munsiff dismissing the suit.
Appellant (defendant) will receive his costs.