NIHAL CHAND Vs. NAGAR MAHAPALIKA KANPUR

JUDGEMENT

(1.) R. K. Mahajan, J. This is a second appeal against the judgment and decree dated 24-9-1975 passed by Sri R. K. Garg, VI Additional District & Sessions Judge, Kan-pur allowing Civil Appeal No. 183 of 1974 and setting aside the judgment and decree dated 18-3-1974 passed by Sri O. P. Srivas-tava, Illrd Additional Munsif, Kanpur decreeing original Suit No. 775 of 1970 for permanent injunction restraining the defendant from evicting the plaintiff from the land in suit without providing an alter native accommodation. The learned lower appellate court, however, while dismissing the suit of the plaintiff-appellant, also ob served that since the plaintiff is in long oc cupation of the accommodation given by Nagar Mahapalika, which is a stall measur ing 8" X 6", the equity requires that his case for an alternative accommodation may be considered on compassionate ground by the Nagar Mahapalika.

(2.) IT appears that the plaintiff-appel lant was a lessee of the stall on Jhansi road in Kanpur and it has been transferred to the plaintiff by the earlier lessee on 19-8-1960.

(3.) THE appeal was taken up in revised list. Sri A. N. Bhargava has appeared to argue the appeal on behalf of the appellant and he has been heard. Nobody has ap peared on behalf of the respondent to argue the appeal.