LAWS(P&H)-1987-3-143

MUNICIPAL COMMITTEE Vs. CHAUDHRY SAT PAL

Decided On March 13, 1987
MUNICIPAL COMMITTEE Appellant
V/S
CHAUDHRY SAT PAL Respondents

JUDGEMENT

(1.) This is defendant's second appeal against whom suit for permanent injunction has been decreed by both the Courts below. The plaintiff filed a suit for permanent injunction challenging the notice dated 13.5.1974, issued by the Municipal Committee, Hissar, under Section 208 of the Haryana Municipal Act, 1973 , requiring the plaintiff to demolish his building within two days. The notice was challenged on the ground that it was vague inasmuch as the details of the suit building have not been set forth in that notice. In the written statement the Municipal Committee denied the said allegations.

(2.) On appreciation of the entire evidence and the perusal of the notice Exhibit P.4, it has been concurrently found that the notice was bad in substance because it was neither meant for nor addressed to the plaintiff.

(3.) I have perused the notice Exhibit P.4 in this Court. From the perusal of the said notice, it is quite evident that the findings of the Courts below are un-assailable. Consequently, the appeal fails and is dismissed with no order as to costs.