MUNICIPAL BOARD Vs. KHALIL-UL-RAHMAN

JUDGEMENT

(1.) This second appeal arises out of a suit brought by the plaintiff-respondent against the defendant-appellant for an injunction, restraining the defendant from allowing the margin of a public road to be used by traders for the vend of merchandise. The plaintiff owns a shop and also an open space in front of that shop. This open space borders a public road. The defendant is the Municipal Board of Pilibhit. By a bye-law, passed on 27 June 1917, the Municipal Board signified its intention to let out the spaces at the sides of roads to hawkers, and it has allowed hawkers to stand or sit and sell their goods on the side of the road in question. This prevents the public having free access to the shop booths allowed by the plaintiff on his vacant strip of land, and hence this suit.

(2.) The trial Court found that the plaintiff had failed to prove that the public had enjoyed for 20 years free access from the road to this piece of land. It also found that the suit was barred by limitation as not brought within two years when the Municipal Board began to let out the side of the road to hawkers.

(3.) In first appeal the Subordinate Judge found that the plaintiff's witnesses did prove use of the land by the plaintiff for stalls for over 20 years. It also found that there was no evidence to show that the side of the road had been used by licensees or lessees of the Board at a date more than two years before the filing of the suit.