MUNICIPAL COMMITTEE Vs. GURMAIL KAUR

JUDGEMENT

(1.) ON 14.1.2002, this Court adjourned the matter for today. It was noticed that the matter has been pending at the motion stage since 8.9.1999. It was also made clear that no further adjournment would be granted in the case. The officer was directed to inform the learned counsel for the parties. The office report shows that both the counsel were informed. Mr. R.K. Gupta, Advocate, for the respondent is present.

(2.) LEARNED counsel for the respondent has submitted that both the Courts below have found the respondent to be owner in possession of the suit land. He has further submitted that the construction was raised by the respondent by obtaining due sanction from the Municipal Committee. He submits that sanction once having been granted, cannot be revoked. He further submits that both the Courts below after thoroughly appreciating the evidence have granted the discretionary relief of permanent injunction to the respondent. I am of the considered opinion that findings of fact recorded by both the Courts below are based on appreciation of evidence led by the parties. It would, therefore, be not appropriate for this Court to interfere in the regular second appeal. Furthermore, once both the Courts below have exercised their discretion within the well known limits for exercise thereof, this Court would not interfere in regular second appeal. I am further of the view that no substantial question of law has been raised in this case. Appeal dismissed.