(1.) THESE four special appeals have been filed by the leave of a learned Single Judge against his judgment dated April 18, 1966, by which he decided 9 second appeals. THESE 9 second appeals arose out of 5 suits Nos. 75 of 57, 94 and 157 of 1960 and 20 and 200 of 1962 of the court of Munsif, Ganganagar. All the 5 suits were decreed by the trial court. In appeal suit No. 75 of 1957 was dismissed by Shri Krishna Nand, the then District Judge of Ganganagar by his judgment dated March 2, 1959. The appeals in the remaining 4 suits were dismissed by Shri Sardar Singh, the then District Judge of Ganganagar by his judgment dated 30-1-62. The result of the judgment of the learned Single Judge is to decree all the 5 suits.
(2.) SPECIAL Appeal No. 21 of 1966 arises out of suit No. 157 of 1960 which was instituted by Santlal. SPECIAL appeals No. 20 of 1966 and 32 of 1966 arise out of suit No. 75 of 1957 which was filed by Ladu Ram SPECIAL appeal No. 29 of 1966 arises out of suit No. 200 of 1962 filed by Khemchand.
(3.) THE leading case on the point is a Division Bench decision of the Bombay High Court in Emperor vs. Vishvanath Nana Karpe(l). In that case the Municipality had authorised timber dealers to use a strip of the street for the purpose of exposing timber for sale and this had continued for 40 years. THE Bombay District Municipal Act was applicable to the case, the corresponding provisions of which are similar to the provisions of the Bikaner and Rajasthan Acts referred to above. Under sec, 90 of the Bombay District Municipal Act the Municipality had authority to discontinue or stop any public street. It was contended that they had also authority to discontinue or stop a part of such street. It was held that public streets are vested in the Municipality for the purposes of being maintained as public streets and that it was! not contemplated that a portion of a street would be discontinued or stopped so as to provide a market thereon. This decision was followed in Municipal Committee Delhi vs. Mohammad Ibrahimi2), Chellaram Verhomal vs. Emperor(3), and Talakchand Dhanji vs. Dhoraji Municipality(4).
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