TARU RANI CHOUDHARY Vs. CANTONMENT BOARD DINAPORE

JUDGEMENT

(1.) Since there were two appeals in the court below filed by two different sets of the defendants, these two appeals have been filed in this Court against the one and the same judgment, and this judgment will govern both the appeals, filed in this Court.

(2.) The suit was for a declaration that the defendants have no right to demolish any portion of the construction over holding No. 80 (old No. 79), Mahal No. 4 in Ward No. 5 within Dinapore Cantonment Board and for permanently restraining the Cantonment Board, Dinapore (defendant No. 1) and the Executive Officer of the said Board (defendant No. 2) from demolishing the construction.

(3.) Briefly stated the plaintiff instituted the suit against the defendants alleging that she is the absolute owner of the suit house through purchase and as some of the portions of the said house were in dilapidated condition she got them thoroughly repaired. The Dinapore Municipal Board had served notice on the plaintiff for demolition. At the instance of the plaintiff the Cantonment Board recommended for regularisation of the alleged offence in payment of Rs. 50/- as compensation fee. The said resolution of defendant 1 was forwarded to defendant No. 3, the Military Estate Officer for onward transmission but instead defendant No. 5 asked the plaintiff under instruction for defendant No. 5 to submit a registered acknowledgment deed admitting Government's title over the land comprising the suit house. On refusal by plaintiff the above recommendation of the Board was turned down and another notice for demolition was issued which was challenged as illegal by the plaintiff through the present suit.