MUNICIPAL COMMITTEE KHANNA Vs. DILBAGH RAI

JUDGEMENT

(1.) The Municipal Committee, Khanna, through its President, has filed this regular second appeal against the judgment and decree of the learned First Additional District Judge, Ludhiana, dated 13th March 1972, by which the judgment and decree of the trial Court decreeing the plaintiff's suit have been affirmed.

(2.) In order to appreciate the controversy certain salient features of the case may be noticed, which read as under :-

(3.) This house had been let out by him to the Education Department for the running of a school. At the instance of the Department, the plaintiff constructed a Chaubara measuring 3'X12'X11' for affording more accommodation to the students. ; This construction was, however, made by him without obtaining permission of the Municipal Committee. The Committee issued a notice to the plaintiff on 30th January, 1965, under section 195 of the Punjab Municipal Act, 1911, (hereinafter referred to as the 'Act') requiring him to show cause as to why this construction be not got demolished. On receipt of the notice, the plaintiff made an effort to have the matter compromised with the Municipal Committee, but to no avail. The Chaubara was eventually demolished by the Municipal Committee, on 5th May, 1966. As the action of the Municipal Committee, in demolishing the Chaubara was illegal, the plaintiff filed a suit, out of which this appeal has arisen, on 7th March, 1969, claiming a sum of Rs. 3,000/- from the appellant, by way of damages. The suit was contested on behalf of the defendant-appellant. On the pleadings of the parties, the following issues were framed :-