RAM SWAROOP GUPTA Vs. CANTONMENT BOARD LUCKNOW

JUDGEMENT

(1.) Ram Swarup Gupta filed civil suit No. 588 of 1949-50 against the Cantonment Board, Lucknow, He stated that he had been given a notice regarding certain constructions made by him. The transgressions alleged were:

(2.) The provision of law, that falls for my interpretation, is Section 179 of the Cantonments Act (Act II of 1924). The section so far as it is relevant for our purposes reads :

(3.) Two questions arise for my consideration. One is a question of fact as to whether the Chhajja has been extended and the other is a question of law as to whether these allegations. If proved, amount to erection or re-erection within the terms of Section 179 of the Cantonments Act. As regards the first question, I am of opinion that the finding of fact recorded by the learned Civil Judge is binding on me. At one stage the learned counsel urged that the learned Civil Judge had relied on an inadmissible plan. I am of opinion that there is no force in that suggestion. The learned Civil Judge has clearly stated :