Summarize the following court judgment. Appeal No. 374 of 1965. Appeal by special leave from the judgment and decree dated August 9	 1963 of the Madras High Court in L.P.A. No. 45 of 1962. A. V. Narayanaswami Iyer and section Venkatakrishnan	 for the appellant. A. K. Sen	 N. Natesan and R. Ganpathy Iyer for the respondent. The Judgment of the Court was delivered by Ramaswami	 J. This appeal is brought	 by special leave	 from the judgment and decree of the Madras High Court dated August 9	 1963 in Letters Patent Appeal No. 45 of 1962. 119 The suit which is the subject matter of this appeal was filed by the Tirunagar Panchayat	 hereinafter called the 'Panchayat '	 against the Madurai Co operative House Construction Society (hereinafter called the 'Society ') in the District Munsif 's Court of Tirumangalam. The Tirunagar Colony has been formed by the Society. The Colony consists of about 300 houses and its total population exceeds 1	500. At its inception the colony was within the jurisdiction of the Tirupparakundram Panchayat. On February 21	 1955 the Tirunagar colony was excluded from Tirupparankundram Pan chayat and was declared as a separate village and was constituted as a separate Panchayat known as Tirunagar Panchayat. In the formation of the colony the Society has laid out and set apart and formed public roads	 parks	 play grounds and other public common places. There was a change in the Board of Directors of the. defendant Society and as a consequence of this change the Society passed a resolution on July 23	 1956 cancelling its previous resolution handing over the roads	 streets and scavenging arrangements to the Panchayat. The Panchayat therefore filed a suit O.S. 38 of 1957	 in the District Munsif 's Court of Tirumengalam for an injunction restraining the Society and its servants from obstructing and interfering with its lawful exercise of statutory duties relating to the roads and streets in Tirunagar and cleaning of latrines	 public and private	 lighting the houses and roads and making arrangements for the civic needs of the village of Tirunagar. The Society contested the suit on the ground that the constitution of the Panchayat was illegal as the provisions of the Madras Village Panchayats Act (Madras Act 10 of 1950)	 hereinafter to be called the 'Act '	 had not been complied with. The Society also contended that the public cannot use the roads or streets as a matter of right	 that the entire colony was a closed one and no outsider except the members of the Society had the right to enter the colony and that the Parks	 central oval	 play grounds and open spaces were the exclusive properties of the Society. The contentions of the Society were all over ruled by the trial court and a permanent injunction was granted to the plaintiff Panchayat	 as prayed for. The decision of the trial court was affirmed by the Subordinate Judge of Madurai in A.S. 92 of 1958. The Society took the matter in Second Appeal to the High Court. The appeal was partly allowed by Ramakrishnan	J. who held that the streets and roads in Tirunagar colony alone would vest in the Panchayat and that the injunction passed by the lower appellate court should be confined only to streets and roads in the colony and should not be extended to any other place like the parks	 oval park	 play grounds	 schools	 library or club and such other amenities which the Society had provided for the residents of the colony. The decision of Ramakrishnan	 J. was affirmed by the High Court in Letters Patent Appeal and the injunction granted by the lower courts was accordingly Confined to roads and streets and the cleaning of public and private latrines	 and the decree of the lower courts was set aside so far as the injunction related to the parks. play grounds	 bus stand and other public places. 120 The question presented for determination in this appeal is whether there is a statutory vesting in the panchayat of the parks	 play grounds	 schools	 libraries and other public places which the Society provided for its members and whether the Panchayat is entitled to a permanent injunction restraining the Society and its servants in the manner decreed by the trial court. On behalf of the appellant reference was made to sections 56 and 58 of the Act relating to vesting of the property in the Panchayat. Section 56 of the Act reads as follows: "56. (1) All public roads in any village (other than district roads and roads which are classified by the Government as national or State highways)	 shall vest in the panchayat together with all payments	 stones and other materials thereof	 all works	 materials and other things provided therefore	 all sewers	 drains	 drawings works tunnels and culverts	 whether made at the cost of the panchayat fund or otherwise	 in	 alongside or under such roads	 and all works	 materials and things appertaining thereto. Section 58 is to the following effect: "Any property or income which by custom belongs to	 or has been administered for the benefit of	 the villagers in common	 or the holders in common of village land generally or of lands of a particular description or of lands under a particular source of irrigation shall vest in the panchayat and be administered by it for the benefit of the villagers or holders aforesaid. " The rules framed under the Co operative Societies Act for the formation of House Building Societies required that when an area is set apart for a residential colony provisions for schools	 markets	 theatres	 hospitals	 clubs	 religious places etc. should be made in the layout. Reference was made	 on behalf of the appellant	 to the layout plan exhibit A 44 for the Tirunagar Housing colony. There is evidence in this case that the Government had assigned to the House Building Society free of cost an area of about 5 acres for the proposed public amenities like schools	 markets etc. It was submitted on behalf of the appellant that the parks	 play grounds	 hospitals	 schools etc. of the Tirunagar Housing Colony would vest in the Panchayat under section 58 of the Act. We do not consider that there is any justification for this argument. Under section 56 of the Act all 'public roads ' in any village shall vest in the Panchayat together with all	 pavements	 stones and other materials thereof	 all sewers	 drains	 drainage works	 tunnels and culverts	 whether made at the cost of the panchayat fund or otherwise. Under section 2(20) of the Act a ` public road ' means "any street	 road	 square	 court	 alley	 passage	 cart track	 footpath or riding path	 over which the public have a 121 right of way". Section 58 of the Act provides for vesting of the communal property in the panchayat. By this section the legislature has provided that any property or income which by custom belongs to the villagers in common	 or the holders in common of village land generally or of lands of a particular description shall vest in the panchayat. The legislature has further provided in this section that any property or income which by custom has been administered for the benefit of the villagers in common or the holders in common of village land generally or of lands of a particular description shall vest in the panchayat and be administered by it for the benefit of the villagers or the holders aforesaid. In enacting section 58 of the Act the legislature has made a provision for vesting of two kinds of property or income: (1) property or income which by custom belongs to the villagers in common or the holders in common of village land generally or of lands of a particular description	 and (2) property or income which has been administered by custom for the benefit of the villagers in common or the holders in common of village land generally or of lands of a particular description. Having regard to the grammatical structure and the context	 we are of opinion that the expression "by custom" qualifies not only the property or income which belongs to the villagers but also property and income which has been administered for the benefit of the villagers in common. It is manifest that section 58 provides for the vesting of such property and income to which the villagers have acquired title as a matter of custom or which has been administered for the benefit of the villagers as a matter of custom. It was argued on behalf of the appellant that if parks or play grounds or markets had been. dedicated to the public the Panchayat would acquire title to such properties under section 58 of the Act. We do not think that dedication is a relevant circumstance in considering the scope and meaning of section 58 of the Act. In the enactment of this section the legislature did riot contemplate that parks	 play grounds	 schools or temple or hospital dedicated to the public should vest in the panchayat merely by the fact of such dedication. What is required by section 58 for the ' purpose of vesting is the proof of custom by which the villagers in common acquire title to any property or income. Vesting of rights takes place under section 58 if there is proof of customary right of administration of any property or income for the benefit of the villagers in common. Unless therefore there is proof of customary right	 the Panchayat cannot claim title to the property or income ad ministered for the benefit of the villagers in common. For example	 the Society may have established a library or a social club or a school for the benefit of its members Again	 a private individual may have created a trust for the provision of amenities like parks	 play grounds and hospitals for the residents of the village. In a case of this description the legal ownership of the Society or of the trustees will not vest in the Panchayat because of the provisions of section 58 of the Act. It cannot be supposed that such a startling and unjust result was contemplated by the	 122 legislature in enacting section 58. We are accordingly of the opinion that the scope of section 58 of the Act must be confined to communal property and income of the panchayat which by custom belongs to the villagers in common or has been administered for their benefit as a matter of custom	 and the scope of that section cannot be extended to include parks	 play grounds	 hospitals	 libraries and schools provided by the Society for the benefit of the members of the Tirunagar colony. For these reasons we hold that the judgment and decree of the High Court in Letters Patent Appeal No. 45 of 1962 is correct and this appeal must be dismissed with costs. Appeal dismissed.

The respondent Society formed a housing colony	 laid out public roads and set apart public common places for parks. play grounds	 schools	 library	 hospital and club for the benefit of the members of the colony. The respondent passed a resolution for handing over the roads and the other common places to the appellant Panchayat	 but later	 passed another resolution cancelling it. The appellant	 thereupon	 filed a suit for an injunction restraining the respondent from obstructing the appellant in the exercise of its statutory duties in relation to the roads and other common places. The High Court	 on appeal	 held that the streets and the roads in the colony alone would vest in the appellant under the Madras Village Panchayats Act	 1950 and that	 an injunction could be granted only with respect to them	 but not	 with respect to the other amenities which the respondent had provided for the residents of the colony. In appeal to this Court	 it was contended that the amenities excluded would also vest in the appellant under section 58 of the Act	 especially because they had been dedicated to the public. HELD:The scope of the section must be confined to communal property and income of the Panchayat which	 by custom	 belong to the villagers in common	 or	 has been administered for their benefit as a matter of custom. Therefore	 the section cannot be extended to amenities such as parks	 play grounds etc. provided by the respondent for the benefit of the members of the colony; and dedication is not a relevant circumstance in considering its scope and meaning. [121 E F; 122 A B].