TAKHAT SINGH ALIAS NORAT MAL Vs. MUNICIPAL COUNCIL

JUDGEMENT

(1.) PLAINTIFF-appellant Takhat Singh @ Norat Mal S/o Shri Ram Baksh Tanwar has preferred this appeal under Section 100 of the Code of Civil Procedure against the judgment and decree dated 30. 8. 1984 passed by the Additional Civil Judge No. 2, Ajmer, in Civil Appeal No. 57/1983, whereby he dismissed the appeal of the plaintiff appellant and affirmed the judgment and decree dated 7. 11. 1977 passed by the Munsif, Ajmer City (East) Ajmer, in Civil Suit No 282/75, whereby the suit of the plaintiff-appellant for perpetual injunction was dismissed.

(2.) THIS Court while admitting this second appeal on 19th of December, 1984, formulated the following questions of law involved in this appeal:- " 1. Whether the notice Ex. 5 dated 24. 7. 1975 is illegal and void and could not be issued under the provisions of Section 170 (11) of the Rajasthan Municipalities Act, 1959? 2. Whether in view of Ex. 11 the Municipality having accepted compensation for granting permission to raise compound wall over the chabutari by accepting a sum of Rs. 150/- and granting permission dated 3. 1. 1975, the revocation of the permission vide Ex. 15 was invalid and contrary to the provisions of the Rajasthan Municipalities Act, 1959? 3. Whether the Municipal Council has not violated the principles of natural justice by unilaterally cancelling the sanction already granted for construction of chabutari?

(3.) BOTH the parties led oral and documentary evidence in support of their case. The learned lower Court vide its judgment dated 7. 11. 1977 dismissed the suit of the plaintiff. Being aggrieved with the same an appeal was preferred which was also dismissed by the lower appellate Court.