MUNICIPAL BOARD OF FEROZABAD Vs. BHOLA NATH

JUDGEMENT

(1.) The suit, giving rise to the present appeal, was brought by the plaintiffs- respondents, for a perpetual injunction restraining the defendant-appellant (the Municipal Board of Ferozar bad ) from demolishing a latrine in the plaintiffs house. The plaintiffs latrine is of the kind known as sandas. The Municipal Board in exercise of the powers vested in it by Section 267(1)(a) of the Municipalities Act ( Local Act 2 of 1916 ) issued a notice on the 20 of June 1923 directing the plaintiffs to close the latrine. It was stated in the notice that the latrine had been newly constructed and its continuance was calculated to be injurious to public health.

(2.) The plaintiffs case was that the latrine in question was old and was kept clean, and did not cause any inconvenience to the members of the public, and that the notice was issued at the instigation of the mohalla people and of some of the officials of the Municipal Board, who were inimically disposed, towards the plaintiffs, and that the notice was invalid and the Municipal Board had no right to get the plaintiffs latrine demolished.

(3.) The suit was resisted on various grounds by the Municipal Board, but the only ground raised in defence, with which I am concerned in the present appeal, was that the civil Court had no jurisdiction to entertain the suit, and that the suit was not maintainable.