BASDEV MITTAL Vs. CANTONMENT BOARD

JUDGEMENT

(1.) THIS appeal was filed by Basdev Mittal, the plaintiff, whose suit was dismissed by the trial Court and further appeal was dismissed by Additional District Judge. Suit was filed for perpetual injunction restraining the defendant Cantonment Board from demolishing portion, shown red in the site plan attached with the plaint of House No. 4, Mohalla No. 2, Jalandhar Cantt. The plaintiff claimed to be owner of the house in dispute wherein he wanted to add one room alongwith a projection He submitted the plan to the Board for sanction on April 15, 1971 Having received no reply he wrote a letter to the Borard on March 15 1972 The letter was sent under postal certificate. 15 days time was given to the Board to grant the permission to construct the building Since no intimation was received in response to the aforesaid letter the plaintiff treated silence on the part of the Board as implied permission He started construction. However, he was served with a notice dated July 24, 19 72 issued by the Board asking him to stop the construction This followed by other notices issued under Sections 185 and 187 of the Cantonment Act In the suit for injunction the plaintiff challenged these notices It may further be stated that before filing the suit the plaintiff filed an appeal challenging the notices which was dismissed by Deputy Director, Military Lands and Cantonments, Western Command Smile on July 23, 1974 and the suit was filed on August 13, 1974.

(2.) THE Cantonment Board contested the suit taking up different pleas inter alia alleging that the suit was barred by time, notices issued ware legal, and Jurisdiction of the Court to entertain the suit was also challenged. The suit was tried on the following issues: 1. Whether the plaintiff is the owner of the house in dispute ? OPP. 2. Whether the notices issued by the defendant are illegal, arbitrary, malafide, capracious and unconstitutional as alleged in para 8 of the plaint ? OPP.

(3.) WHETHER the suit is time barred ? OPP.