MUNICIPAL CORPORATION, INDORE Vs. MOTILAL

JUDGEMENT

(1.) THIS second appeal is filed by the Municipal Corporation, Indore, against the decision of the Additional District Judge, Indore, who has reversed the judgment of the Additional City Civil Judge, Indore, in Civil Suit No. 447 of 1952. That suit was filed by the Respondent for an injunction to restrain the Appellant from removing certain structures belonging to him.

(2.) THE Plaintiff is an excise contractor selling Tadi from the year 1942. It is undisputed that a shed existed on the site from 1942. The Plaintiff's case is that it was burnt in 1949 and he reconstructed it. On 15 -11 -1949 the Appellant gave a notice Exh. P -1 to the Respondent -Plaintiff that the construction was without the sanction of the Committee and hence liable to be removed. The Plaintiff applied for permission which was refused by the Defendant. The Defendant demolished the structure forcibly but the Plaintiff constructed it again. The Plaintiff then filed this suit to restrain the Defendant from removing that structure.

(3.) BOTH the Courts below have concurrently found the following facts: