TEJKARAN Vs. CANTONMENT BOARD

JUDGEMENT

(1.) THIS is a plaintiff's second appeal arising out of a suit for perpetual in injunction for restraining the defendant from removing the plaintiff's fire wood lying in the cattle shed leased out to the plaintiffs by the defendant, the Cantonment Board, Nasirabad.

(2.) THE plaintiffs' case as set out in the plaint was that the cattle -shed in question was leased out to the plaintiffs on 1. 4. 1957, initially for a period of one year upto 31st March, 1958. It appears that even after expiry of period of one year the lessee held over and continued to occupy the cattle shed on the terms agreed to between the parties at the commencement of the lease. The plaintiff stacked fire -wood in the cattle -shed and thereupon the Cantonment Board served a notice on the plaintiffs to remove the fire -wood within 7 days of the service of notice. Another notice dated 13. 7. 1959 was served on the plaintiffs to the effect that if the latter did not remove the fire -wood from the cattle -shed, the same would be got removed through the agency of the Cantonment after 18. 7. 1959 and all the expenses incurred in this connection would be recovered from the plaintiffs. Consequertly the plaintiffs filed the present suit in the Court of Munsit Nasirabad on 20.7.1959 for issue of an injunction against the Cantonment Board restraining the defendant from removing the fire -wood from the cattle shed or in any way interfering with the plaintiffs' right to use the premises in question for stacking fire -wood. The defendant resisted the plaintiffs' suit. The parties went on trial on a number of points, but the only two points which now survive for decision are:

(3.) THE contention of the learned counsel for the appellant is that the prohibition contained in Bye -Law 1 of the Bye -Laws made by Nasirabad Cantonment Board with respect to stocking or collecting of wood applies only to these places which are situated within 100 yards of a public building having a thatched roof and if a portion of the place does not lie within 100 yards of such building the prohibition will not apply to that part of the place.