ADMINISTRATOR, MUNICIPAL CORPORATION, INDORE Vs. GANGARAM

JUDGEMENT

(1.) FEELING aggrieved by the judgment of reversal passed by learned Additional District Judge, Indore, in Civil Appeal No. 14-A/87 allowing appeal of plaintiff-respondent and thereby decreeing his suit, the defendant-appellant has knocked the door of this Court by preferring this appeal under section 100, Code of Civil Procedure, 1908.

(2.) THE plaintiff-respondent filed a suit for injunction against appellant with the averments that vide agreement dated 2.12.1973 which was executed between him and Commissioner, Municipal Corporation, Indore, a Gumti ad-measuring 6'x6' was installed by him at Keshar Bagh road on certain terms and conditions mentioned in the document of agreement. According to the plaintiff, in the agreement, inter-alia, one condition has been stipulated that at any time Gumti could be removed and the lease would come to an end, if it is in the interest of public or State or for any purpose of the Court. According to plaintiff, defendant/Municipal Corporation sent notice Ex. P-5 on 30.8.1977 to plaintiff to remove the Gumti, hence the plaintiff after having served notice under section 401 (Ex. P-6) on 3.9.1977 filed suit for injunction against the defendant.

(3.) LEARNED trial Court, on the basis of the averments made in the plaint and denial in the written statement, framed necessary issues and after recording the evidence of the parties, dismissed the plaintiff's suit.