SADAR BAZAR VYAPAR SAMITI REGISTERED Vs. SABITRI DEVI

JUDGEMENT

(1.) Heard Sri P.K. Jain, learned senior counsel for the appellants and Sri K.K. Arora, learned counsel for some of the appellants and Sri R.N. Singh, learned senior counsel for respondent No. 1 and Sri C.B. Gupta, learned counsel for Cantonment Board and its authorities, respondents No. 2, 3 & 4 at the admission stage.

(2.) This appeal has been filed by 56 appellants. Appellant No. 1 claims to be a registered society formed for looking after interests of appellants No. 2 to 56, who are shop-keepers of different shops situate in Bungalow No. 61, Gwalior Road, Agra, which is a cantonment area. There are 58 or 59 shops on the western side of the said Bungalow abutting Gwalior Road. Cantonment Board gave notices on 07.01.1993 to all the shop keepers under Sections 184 & 185 of Cantonment Act, 1924 stating therein that appellants No. 2 to 56 had illegally erected/ re-erected the shops without getting any sanction for the same from the Cantonment Board. Appellants filed appeals under Section 274 of the Cantonment Act, which were dismissed. Thereafter they filed the suit for permanent prohibitory injunction giving rise to the instant second appeal (O.S. No. 1264 of 1994). The suit was dismissed by IV A.C.J., Junior Division, Agra through judgment and decree dated 31.03.2009. Against the said judgment and decree appellants filed Civil Appeal No. 52 of 2009, which was dismissed by A.D.J. Court No. 17, Agra on 08.08.2011, hence this second appeal.

(3.) The defendants respondents had questioned the maintainability of the suit and the jurisdiction of the civil court, however the said points were decided against them and suit was held to be maintainable.