CHUNI LAL Vs. MUNICIPAL BOARD

JUDGEMENT

(1.) THIS petition in revision is directed against the order of the Additional District Judge, Sirohi, dated July 30, 1974. where by he upheld the under of the Munsiff, Abu Road, rejecting the application for grant of temporally injunrtion.

(2.) IT appears that the respondent Municipal Board, Pindwara, deman ded arrears of house -tax from the plaintiffs and other house -tax payers of Pindwara for the last three years, namely, 1967 68, 1968 -69 and 1969 -70. The plaintiffs thereupon, in their representative capacity, on behalf of all the house -tax payers of Pindwara filed the suit that no house -tax was payable by them. They pleaded a number of grounds in support of their non -liability to -pay the house -tax. Along with the plaint, the plaintiffs moved an application for granting temporary injunction restraining the defendant from realising the house -tax during the pendency of the suit. The learned Munsiff issued an ex -parte ad interim injunction order against the defendant but later on, after hearing the parties, he vacated that order vide his order dated November 30, 1973 Dissatisfied with the said order, that the plaintiff -petitioners filed an appeal before the Additional District Judge, Sirohi, but without any success. It is against this order of the Additional District Judge, Sirohi, that the plaintiff -appellants have preferred this revision petition.

(3.) THE learned Counsel for the petitioners has contended that there existed no prima facie case in favour of the petitioners in view of the judgment of the Supreme Court in Municipal Corporation of City of Hubli v. Subha Rao Hanumantharao Prayag and Ors. AIR 1976 SC 1389. I, however, do not wish to express any opinion at this stage on merits of the case.