BHAG DEVI Vs. MUNICIPAL COMMITTEE, DELHI

JUDGEMENT

(1.) This is a plaintiff's appeal against an appellate decree of the Senior Subordinate Judge dated the 9th March, 1950 modifying the decree of the trial Court and thus dismissing the plaintiff's suit for injunction with costs. The plaintiff is the owner of a house in which she closed a door and improved its chhaja by substituting in place of wooden rafters steel girders. The Municipality gave notice under Section 195 on the 14th November, 1945 and then a notice under Section 220 of the Punjab Municipal Act on the 4th September, 1946, the construction being of September, 1945.

(2.) The learned Senior Subordinate Judge has held that this is re-erection within the meaning of the word as used in Section 3(5)of the Municipal Act and the case is sought to be brought by the Municipality under Section 3(5)(a) and (e) of the Municipal Act which provides that to erector re-erect any building, includes any material alterations or enlargement of any building and that the plaintiff seems to have done.

(3.) Out of the two doors which lead into the Courtyard she has closed one, so that the upper storey becomes separate from the ground floor, and the other thing done as I have said, is the substitution of girders in place of the workers after so as to make the chhaja more secure.