MUNICIPAL BOARD BHOPAL Vs. JAGDISH GOPAL

JUDGEMENT

(1.) THIS second appeal arises from a suit for injunction instituted by the respondent against the appellant Municipal Board, Bhopal, for restraining the defendant from interfering with the plaintiff's fencing or possession of the suit land which is situated in Mohalla Talaiya within municipal ward No. 7, Bhopal.

(2.) A notice under section 176 of the Bhopal State Municipalities Act, 1953 (No. III of 1956), was issued on December 29, 1956, to the respondent alleging that the respondent had put up a fencing without obtaining sanction from the Municipal Committee. In this notice, it was also said that the land in question belonged to the Municipal Committee, Bhopal.

(3.) THE respondent brought the suit on November 28, 1957, alleging that the land belonged to him as it had been purchased by his grandfather who was succeeded by him and that the fencing had been put several years before the suit.