CANTONMENT BOARD FEROZEPORE Vs. INDER SINGH

JUDGEMENT

(1.) The Contonment Board, Ferozepur Cantt. (hereinafter called the Board) having found that the respondent had made an encroachment on their property issued a notice to him under S. 187 of the Contonments Act, 1924, (hereinafter called the Act), directing him to remove it. As the respondent did not remove the encroachment, another notice was given to him on Oct, 4, 1962, under S. 256 of the Act directing him to remove the encroachment within a week or it will be removed at his expense. On Oct. 12, 1962, the respondent field a suit for permanent injunction against the Board claiming that he was the owner of the property on which he had allegedly encroached upon. His suit was dismissed on Oct 31, 1963. His appeal also failed in 1966.

(2.) The Board then issued a demand notice to the respondent on Sept. 15, 1966. calling upon him to pay Rs. 8512/- as ground rent for unauthorised occupation. The defendant (sic) (respondent?) filed a suit for perpetual injunction praying that the Board be restrained from realising Rs. 85121-or part thereof from him on the various grounds like the Board has no power to issue such a demand notice and it did not show how the amount had been assessed.

(3.) The Board contested the suit and the trial Court framed the following issues: - 1. Whether the demand notice in question dated Sept. 15, 19066, served by the defendant Board on the plaintiff is illegal, void, ultra vires, malicious, arbitrary and inoperative for the reason stated in paragraph No. 8 of the plaint? 2. whether the suit is premature? 3. Whether the suit Is not properly valued for purposes of Court-fee and jurisdiction? 4. Relief.