KAKINADA MUNICIPALITY Vs. DUVVURI SATYANARAYANA

JUDGEMENT

(1.) This second Appeal is by the Kakinada Municipality, represented by its Commissioner against the decree of the learned Additional Subordinate Judge restiaining it by a permanent injunition from demolishing or in any other way interfering with the respondent's construction in the site marked ABCD in the plaint plan.

(2.) The facts giving rise to this appeal may be briefiy stated thus : The plaintiff is the owner of a site in ward No. 8 of the defendant's Municipality. He constructed sometime before the suit a pucca terraced building in a portion of the site. Before constructing it, he sent a petition, Exhibit B-2, to the Municipality along with a plan for permission to construct it. On this application, a note was made by an Officer of the Municipality to this effect :

(3.) It is now clear in the light of the findings of the Courts below that this note proceeded on the erroneous footing that the site till the point CD was a municipal lane, and that therefore it was necessary that a space of 4 ft. should be left between the contemplated construction and that portion of the site. The material portion of rule 9 (2) of the Revised Building Rules, 1942, Deferred to by implication in the above note runs as follows :