INDORE MUNICIPAL CORPORATION Vs. KUNDANLAL

JUDGEMENT

(1.) THIS is defendant's second appeal against the judgment and decree dated 24-4-89 passed in C. A. No. 6/88 affirming the judgment and decree dated 21-1-88 passed in C. S. No. 325-A/83. The appeal was admitted for hearing on following substantial question of law vide order dated 28-3-90 :-

(2.) THE facts of the case are that the plaintiff filed a suit for permanent injunction mentioning that he had been doing his business for the last 20 years on a Gumti constructed by him measuring 7 ft. and 9 1/2 ft. situated at Ranipura, Jawahar Marg, Indore. He further pleaded that he had submitted an application in 1975 to the defendant for regularisation of his encroachment, but no orders were passed by the defendants and prayed for permanent injunction against the removal of his Gumti.

(3.) THE defendants in their statements denied the claim of the plaintiff by submitting that plaintiff/respondent constructed Gumti 5-6 months back of filing of the suit. It causes obstruction in traffic because it was placed on a public road, it is illegal and defendants/appellants had tried to remove it as per the provisions of Municipal Corporation Act.